PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date: 37.1.1 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 37.1.2 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 on the grounds of a Prohibited Act. 37.2 The Supplier shall not during the Framework Period: 37.2.1 commit a Prohibited Act; and/or 37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements. 37.3 The Supplier shall during the Framework Period: 37.3.1 establish, maintain and 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; 37.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request; 37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and 37.3.4 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 Supplier's behalf from committing a Prohibited Act. 37.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has: 37.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act; 37.4.2 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 on the grounds of a Prohibited Act; and/or 37.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act. 37.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data). 37.6 If the Supplier breaches Clause 37.1, the Authority may by notice: 37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or 37.6.2 immediately terminate this Framework Agreement for material Default. 37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 20 contracts
Samples: Framework Agreement, Corporate Software Solutions Framework Agreement, Corporate Software Solutions Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or and Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 20 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 4 contracts
Samples: Call Off Order Form and Call Off Terms, Call Off Order Form, Call Off Order Form and Call Off Terms
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 4 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 39.1 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 Framework Commencement Date:
37.1.1 39.1.1 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
37.1.2 39.1.2 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 on the grounds of a Prohibited Act.
37.2 39.2 The Supplier shall not during the Framework Period:
37.2.1 39.2.1 commit a Prohibited Act; and/or
37.2.2 39.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 39.3 The Supplier shall during the Framework Period:
37.3.1 39.3.1 establish, maintain and 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;
37.3.2 39.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority on request;
37.3.3 39.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 39.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 39.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 39.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 39.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 39.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 39.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 17 (Records, Audit Access and Open Book Data).
37.6 39.6 If the Supplier breaches Clause 37.139.1, the Authority may by notice:
37.6.1 39.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 39.6.2 immediately terminate this Framework Agreement for material Default.
37.7 39.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 4 contracts
Samples: Vehicle Purchase Framework Agreement, Vehicle Purchase Framework Agreement, Vehicle Purchase Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 1.1. 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 Framework Commencement Effective Date:
37.1.1 1.1.1. 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
37.1.2 1.1.2. 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 on the grounds of a Prohibited Act.
37.2 1.2. The Supplier Subcontractor, Subcontractor Personnel, or any person acting on their behalf shall not during the Framework PeriodTerm:
37.2.1 1.2.1. commit a Prohibited Act; and/or
37.2.2 1.2.2. do or suffer anything to be done which would cause the Authority Company, the Client or any of the Authority’s their employees, consultants, contractorssuppliers, sub- sub-sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 1.3. The Supplier Subcontractor shall during the Framework PeriodTerm:
37.3.1 1.3.1. establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 1.3.2. keep appropriate records of its compliance with its obligations under Clause 37.3.1 this clause and make such records available to the Authority Company on request;.
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement1.4. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier Subcontractor shall immediately notify the Authority Company in writing if it becomes aware of any breach of Clause 37.1this section 1, or has reason to believe that it has or any of the Supplier Personnel hasSubcontractor Personnel, servants, agents or sub- sub-contractors, or any person acting on their behalf have:
37.4.1 1.4.1. been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 1.4.2. 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 on the grounds of a Prohibited Act; and/or
37.4.3 1.4.3. received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 If the Supplier makes a notification 1.5. The Subcontractor warrants and represents to the Authority pursuant to Clause 37.4, the Supplier shall respond promptly Company that to the Authority's enquiriesbest of its knowledge, cothat neither the Subcontractor, Subcontractor Personnel, servants, agents or sub-operate with sub-contractors, or any investigation, and allow the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by noticeperson acting on their behalf:
37.6.1 require 1.5.1. 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 Supplier obtaining or execution of any contract or for showing or forbearing to remove from the performance of this Framework Agreement show favour or disfavour to any Supplier Personnel whose acts person or omissions have caused the Supplier’s breachentity in relation to any contract; or
37.6.2 immediately 1.5.2. 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 the Company, whose written consent was subsequently given to such payment.
1.6. Neither the Subcontractor nor the Subcontractor Personnel nor 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.
1.7. Where the Subcontractor or Subcontractor Personnel, or any person acting on their behalf, does any of the acts mentioned in Section 1.5 or commits any offence under the Bribery Act 2010, with or without the knowledge of the Subcontractor, in relation to this Agreement or any other contract with the Company or the Client or another UK Government department, the Company shall be entitled:
1.7.1. to terminate this Framework Agreement for material Defaultwith immediate effect by written notice to the Subcontractor and recover from the Subcontractor the amount of any Losses resulting from the termination;
1.7.2. to recover from the Subcontractor the amount or value of any such gift, consideration or commission;
1.7.3. to recover from the Subcontractor any other Losses sustained as a result of any breach of this Section 1, whether or not the Agreement is terminated.
37.7 Any notice served 1.8. The Subcontractor shall immediately and without undue delay inform the Company 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 the Authority under Clause 37.6 shall specify the nature of the Prohibited ActCompany, the identity of the Party who the Authority believes has committed the Prohibited Act and the action that the Authority has elected to take (includingincluding credible suspicion of/or actual fraud, where relevantbribery, the date on which this Framework Agreement shall terminate)corruption or any other financial irregularity or impropriety.
Appears in 4 contracts
Samples: Subcontractor Agreement, Subcontractor Agreement, Subcontractor Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 Term: commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 Term: establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 14.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Ordered Panel Services in connection with this Framework AgreementLegal Services Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.114.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Legal Services Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Legal Services Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.414.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 documentation. If the Supplier breaches Clause 37.114.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Legal Services Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 Legal Services Contract. Any notice served by the Authority Customer under Clause 37.6 14.4 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 Framework Agreement Legal Services Contract shall terminate).
Appears in 4 contracts
Samples: Legal Services Contract, Legal Services Contract, Legal Services Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Contract Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3a and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.439.4, 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 15 12 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.139.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 39.4 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 Framework Agreement Contract shall terminate).
Appears in 3 contracts
Samples: Call Off Contract Terms for Apprenticeships Training Dynamic Marketplace (Rm6102), Call Off Contract Terms for Apprenticeships Training Dynamic Marketplace (Rm6102), Call Off Contract Terms for Apprenticeships Training Dynamic Marketplace (Rm6102)
PREVENTION OF FRAUD AND XXXXXXX. 37.1 48.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, any person acting on their behalf, have at any time prior to the Framework Commencement Date:
37.1.1 48.1.1 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
37.1.2 48.1.2 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 on the grounds of a Prohibited Act.
37.2 48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Framework PeriodTerm:
37.2.1 48.2.1 commit a Prohibited Act; and/or
37.2.2 48.2.2 do or suffer anything to be done which would cause the Authority DFID or any of the AuthorityDFID’s employees, consultants, contractorssuppliers, sub- contractors Sub‐ Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 48.3 The Supplier shall during the Framework PeriodTerm:
37.3.1 48.3.1 establish, maintain and enforce, and require that its Sub-Contractors Supplier 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;
37.3.2 48.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 48.3.1 and make such records available to the Authority DFID on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 48.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of any breach of Clause 37.148.1 and/or Clause 48.2, or has reason to believe that it has or any of the Supplier Personnel hasPersonnel, servants, agents or Sub‐Contractors, or any person acting on their behalf have:
37.4.1 48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 48.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 If 48.5 The Supplier warrants and represents to DFID that to the best of its knowledge, that neither the Supplier, Supplier Personnel, servants, agents or Sub‐Contractors, or any person acting on their behalf:
48.5.1 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
48.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier makes a notification or Supplier 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 DFID, whose written consent was subsequently given to such payment.
48.6 Neither the Supplier or the Supplier 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 Contract.
48.7 Where the Supplier or Supplier Personnel, or any person acting on their behalf, does any of the acts mentioned in Clause 48.5 or commits any offence under the Bribery Act 2010, with or without the knowledge of the Supplier, in relation to this Contract or any other contract with the Crown, DFID shall be entitled:
48.7.1 to terminate the Contract with immediate effect by written notice to the Authority pursuant Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
48.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
48.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this Clause 37.448, whether or not the Contract is terminated.
48.8 DFID , the Supplier and the Supplier Personnel shall respond promptly immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the Authority's enquiriessuccessful delivery of the Services, co-operate with any investigationwhether financed in full or in part by DFID, and allow the Authority to audit any booksincluding credible suspicion of/or actual fraud, records and/or bribery, corruption or any other relevant documentation financial irregularity or impropriety. DFID has an expert fraud investigation unit, that should be contacted in accordance the first instance at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000. All suspicions will be treated with Clause 15 (Records, Audit Access and Open Book Data)the utmost confidentiality.
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 3 contracts
Samples: Supplier Services Contract, Supplier Services Contract, Supplier Services Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and enforce, and require that its Key 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 3 contracts
Samples: Call Off Contract, Call Off Terms for Services, Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier Service Provider represents and warrants that neither it, nor to the best of its knowledge any Supplier Service Provider Personnel, have at any time prior to the Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier Service Provider shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier Service Provider shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Service Provider and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract are compliant with the Relevant Requirements. The Supplier Service Provider shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Service Provider Personnel or any person acting on the SupplierService Provider's behalf from committing a Prohibited Act.
37.4 . The Supplier Service Provider shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Service Provider Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier Service Provider makes a notification to the Authority Customer pursuant to Clause 37.450.4, the Supplier Service Provider 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier Service Provider breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier Service Provider to remove from the performance of this Framework Agreement Call Off Contract any Supplier Service Provider Personnel whose acts or omissions have caused the SupplierService Provider’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 3 contracts
Samples: Call Off Terms, Call Off Terms, Call Off Terms
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 55.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.155.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.455.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.155.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 55.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 3 contracts
Samples: Call Off Contract, Call Off Contract, Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 2 contracts
Samples: Call Off Contract, Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 53.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods Products and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.153.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.453.4, 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 15 23 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.153.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 53.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 2 contracts
Samples: Call Off Contract, Call Off Order Form
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).. The Authority places the utmost importance on the need to prevent fraud and irregularity in the delivery of this Contract. Contractors and Sub-contractors are required to: have an established system that enables Contractor and Sub-contractor staff to report inappropriate behaviour by colleagues in respect of contract performance claims; ensure that their performance management systems do not encourage individual staff to make false claims regarding achievement of contract performance targets; ensure a segregation of duties within the Contractor’s or Sub-contractors operation between those employees directly involved in delivering the service/goods performance and those reporting achievement of contract performance to the Authority; ensure that an audit system is implemented to provide periodic checks, as a minimum at six (6) Monthly intervals, to ensure effective and accurate recording and reporting of contract performance. The Contractor shall use its best endeavours to safeguard the Authority's funding of the Contract against fraud generally and, in particular, fraud on the part of the Contractor's directors, employees or Sub-contractors. The Contractor shall pay the utmost regard to safeguarding public funds against misleading claims for payment and shall notify the Authority immediately if it has reason to suspect that any serious irregularity or fraud has occurred or is occurring. If the Contractor, its Staff or its Sub-contractors commits Fraud in relation to this or any other contract with the Crown (including the Authority) the Authority may: terminate the Contract and recover from the Contractor the amount of any loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or recover in full from the Contractor any other loss sustained by the Authority in consequence of any Default of this clause. Any act of fraud committed by the Contractor or its Sub-contractors (whether under this Contract or any other contract with any other Contracting Body) shall entitle the Authority to terminate this Contract, and any other contract the Authority has with the Contractor, by serving written notice on the Contractor. If the Authority finds that the Contractor has deliberately submitted false claims for Contract payments with the knowledge of its senior officers the Authority will be entitled to terminate this Contract, or any other contract the Authority has with the Contractor, with immediate effect
Appears in 2 contracts
Samples: Call Off Contract, Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 17 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.139.1, the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 2 contracts
Samples: Technology Services Framework Agreement, Technology Services Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 2 contracts
Samples: Call Off Order Form and Call Off Terms for Services (Non Ict), Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 39.1. 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 Framework Contract Commencement Date:
37.1.1 39.1.1 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
37.1.2 39.1.2 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 on the grounds of a Prohibited Act.
37.2 39.2. The Supplier shall not during the Framework Contract Period:
37.2.1 39.2.1 commit a Prohibited Act; and/or
37.2.2 39.2.2 do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 39.3. The Supplier shall during the Framework Contract Period:
37.3.1 39.3.1 establish, maintain and 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;
37.3.2 39.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority Customer on request;
37.3.3 39.3.3 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the Supplier do not commit tax evasion facilitation offences as defined under that Act;
39.3.4 if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; ;
39.3.5 take account of any guidance about preventing facilitation of tax evasion offences which may be published and updated in accordance with Section 47 of the Criminal Finances Act 2017 and
37.3.4 39.3.6 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 Supplier's ’s behalf from committing a Prohibited Act.
37.4 39.4. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.139.1 and/or Clause 39.2, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 39.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 39.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 39.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 39.5. If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.439.4, 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 15 12 (Records, Audit Access and Open Book Data).
37.6 39.6. If the Supplier breaches Clause 37.1is in Default under Clauses 39.1 and/or 39.2, the Authority Customer may by notice:
37.6.1 39.6.1 require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breachDefault; or
37.6.2 39.6.2 immediately terminate this Framework Agreement for material DefaultContract.
37.7 39.7. Any notice served by the Authority Customer under Clause 37.6 39.4 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 Framework Agreement Contract shall terminate).
Appears in 2 contracts
Samples: Contract for Services, Contract for Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Contract Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Contract shall terminate).
Appears in 2 contracts
Samples: Contract Order Form and Contract Terms, Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Contract Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3a) and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.439.4, 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 15 12 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.139.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 39.4 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 Framework Agreement Contract shall terminate).
Appears in 2 contracts
Samples: Call Off Contract Terms for Apprenticeships Training Dynamic Marketplace (Rm6102), Call Off Contract Terms for Apprenticeships Training Dynamic Marketplace (Rm6102)
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and enforce, and require that its Key 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 2 contracts
Samples: Call Off Terms for Services, Call Off Terms for Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and 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;are
37.3.2 40.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.140.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 43.1 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 Framework Commencement Date:
37.1.1 43.1.1 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
37.1.2 43.1.2 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 on the grounds of a Prohibited Act.
37.2 43.2 The Supplier shall not during the Framework Contract Period:
37.2.1 43.2.1 commit a Prohibited Act; and/or
37.2.2 43.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 43.3 The Supplier shall during the Framework Contract Period:
37.3.1 43.3.1 establish, maintain and 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;
37.3.2 43.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 43.3.1 and make such records available to the Authority on request;
37.3.3 43.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify to the Authority in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 43.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 43.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.143.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 43.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 43.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 43.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 43.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.443.4, 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 15 16 (Records, Audit Access and Open Book Data).
37.6 43.6 If the Supplier breaches Clause 37.143.3, the Authority may by notice:
37.6.1 43.6.1 require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 43.6.2 immediately terminate this Framework Agreement Contract for material Default.
37.7 43.7 Any notice served by the Authority under Clause 37.6 43.4 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 Framework Agreement Contract shall terminate).
Appears in 1 contract
Samples: Supplier Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Contracting Authority or any of the Contracting Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Contracting Authority on request;
37.3.3 ; if so required by the Contracting Authority, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Contracting Authority in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Contracting Authority may reasonably request; and
37.3.4 and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Contracting Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's ’s behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Contracting Authority in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Contracting Authority pursuant to Clause 37.450.4, the Supplier shall respond promptly to the Contracting Authority's enquiries, co-operate with any investigation, and allow the Contracting Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Contracting Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Contracting Authority under Clause 37.6 50.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Contracting Authority believes has committed the Prohibited Act and the action that the Contracting Authority has elected to take (including, where relevant, the date on which this Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 63.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.163.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.463.4, 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 15 24 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.163.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 63.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 39.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Supplier's Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf, have at any time prior to the Framework Commencement Date:
37.1.1 (a) 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/orand / or
37.1.2 (b) 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.
37.2 39.2 The Supplier Supplier, their servants, agents or Sub-Contractors, or any person acting on their behalf shall not during the term of this Framework PeriodAgreement and / or any Call Off Contract:
37.2.1 (a) commit a Prohibited Act; and/orand / or
37.2.2 (b) do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractorssuppliers, sub- contractors Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 39.3 The Supplier shall during the term of this Framework PeriodAgreement and / or any Call Off Contract:
37.3.1 (a) establish, maintain and 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;
37.3.2 (b) keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3(a) and make such records available to the Authority on request;
37.3.3 (c) if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 (d) 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 Supplier's Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act.
37.4 39.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of of, or has reason to suspect, any breach of Clause 37.139.1 and / or 39.2, or has reason to believe that it has or any of the Supplier Personnel hasSupplier’s Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
37.4.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 (b) 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/orand / or
37.4.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement and / or any Call Off Contract or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement and / or any Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 39.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 12 (Records, Audit Access and Open Book Data).
37.6 39.6 If the Supplier breaches Clause 37.1, 39.2 the Authority may by notice:
37.6.1 (a) require the Supplier to remove from the performance of this Framework Agreement any Supplier of the Supplier's Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 (b) immediately terminate this Framework Agreement for material Default.
37.7 39.7 Any notice served by the Authority Customer under Clause 37.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Framework Authority believes has committed the Prohibited Act and the action that the Framework Authority has elected to take (including, where relevant, the date on which this Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Managed Email Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 10.1 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 Framework Commencement Effective Date:
37.1.1 10.1.1 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
37.1.2 10.1.2 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 on the grounds of a Prohibited Act.
37.2 10.2 The Supplier, and using best endeavours procure that the Supplier Personnel, shall not during the term of this Framework PeriodAgreement:
37.2.1 10.2.1 commit a Prohibited Act; and/or
37.2.2 10.2.2 do or suffer anything to be done which would cause the Authority Network Rail or any of the Authority’s Network Rail's employees, 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.
37.3 10.3 The Supplier shall during the term of this Framework PeriodAgreement:
37.3.1 10.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 10.3.2 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the Supplier do not commit tax evasion facilitation offences as defined under that Act;
10.3.3 take account of any guidance about preventing facilitation of tax evasion offences which may be published and updated in accordance with Section 47 of the Criminal Finances Act 2017;
10.3.4 keep appropriate records of its compliance with its obligations under Clause 37.3.1 clause 10.3.1 and make such records available to the Authority Network Rail promptly on request;
37.3.3 if so required by the Authority10.3.5 keep appropriate records of any gifts or hospitality, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier whether directly or its Sub-Contractors who are responsible for supplying the Goods and/or Services indirectly given or received in connection with this Framework Agreement, and make such records available to Network Rail on request. The Supplier shall be responsible for notifying Network Rail of any gift or hospitality, whether directly or indirectly given or received in connection with this Framework Agreement, which has a value of more than £15;
10.3.6 comply with Network Rail's code of business ethics and corporate hospitality, conflicts of interests and speak out (whistleblowing) policies and any updates thereof;
10.3.7 conduct reasonable and proportionate due diligence on any person or Sub- contractor who is to perform services or provide goods in connection with this Framework Agreement, before engaging with such supporting evidence person, to ensure compliance with the Relevant Requirements and prevent the occurrence of compliance as the Authority may reasonably requesta Prohibited Act; and
37.3.4 have, maintain 10.3.8 ensure that any person or sub-contractor associated with the Supplier who is performing services or providing goods in connection with this Framework Agreement does so only on the basis of a written contract which imposes on and where appropriate enforce an anti-bribery policy (which secures from such persons terms at least equivalent to those imposed on the Supplier in this clause 10. The Supplier shall be disclosed responsible for the observance and performance, by such persons or Sub-contractors, of this clause 10, and shall be directly liable to the Authority on request) to prevent it and Network Rail for any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Actbreach by such persons of this clause 10.
37.4 10.4 The Supplier shall immediately notify the Authority Network Rail in writing if it becomes aware of any breach of Clause 37.1clause 10.1 and/or 10.2, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 10.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 10.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 10.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 10.5 If the Supplier makes a notification to the Authority Network Rail pursuant to Clause 37.4clause 10.4, the Supplier, and using best endeavours procure that the Supplier Personnel, shall respond promptly to the AuthorityNetwork Rail's enquiries, co-operate with any investigation, and allow the Authority Network Rail to audit any books, records and/or any other relevant documentation in accordance with Clause clause 15 (Records and Audits Access) and clause 12 (Records, Audit Access Reports, Audits and Open Book Data)) of the Call-Off Terms.
37.6 10.6 If the Supplier, or the Supplier breaches Clause 37.1Personnel (whether acting in the Supplier's knowledge or otherwise), the Authority may is in Default under clauses 10.1 and/or 10.2, and/or 10.3 Network Rail may, by notice:
37.6.1 , require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 10.7 Any notice served by the Authority Network Rail under Clause 37.6 clause 10.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Network Rail believes has committed the Prohibited Act and the action that the Authority Network Rail has elected to take (including, where relevant, the date on which this Framework Agreement shall terminate).
10.8 The Supplier shall comply with all anti-slavery legislation, including the Modern Slavery Act 2015 and clause 30.9
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or and Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 20. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 33.1 The Supplier Agency represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnelof its staff or Sub-Contractors, have at any time prior to the Framework Commencement Effective Date:
37.1.1 (a) 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/oror
37.1.2 (b) 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.
37.2 33.2 The Supplier shall not during the Framework PeriodAgency must not:
37.2.1 (a) commit a Prohibited Act; and/oror
37.2.2 (b) do or suffer anything to be done which would cause the Authority Client or any of the AuthorityClient’s employees, 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.
37.3 33.3 The Supplier Agency shall during the Framework PeriodTerm:
37.3.1 (a) establish, maintain and 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;
37.3.2 (b) keep appropriate records of its compliance with its obligations under Clause 37.3.1 33.3 (a) and make such records available to the Authority Client on request;
37.3.3 (c) if so required by the AuthorityClient, within twenty (20) 20 Working Days of the Framework Commencement Effective Date, and annually thereafter, certify to the Client in writing to that the Authority, the compliance with this Clause 37.3 of Agency and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall-Off Contract are compliant with the Relevant Requirements. The Supplier Agency shall provide such supporting evidence of compliance as the Authority Client may reasonably request; and
37.3.4 33.4 have, maintain and (where appropriate appropriate) enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel Agency staff or Sub-Contractors or any person acting on the Supplier's Agency’s behalf from committing a Prohibited Act. This anti-bribery policy must be disclosed to the Client on request.
37.4 33.5 The Supplier Agency shall immediately notify the Authority Client in writing if it becomes aware of any breach of Clause 37.133.1, or has reason to believe that it has or any of the Supplier Personnel hasAgency staff or Sub-Contractors have:
37.4.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 (b) 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;
37.4.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or Call-Off Contract; or
(d) otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call-Off Contract has committed or attempted to commit a Prohibited Act.
37.5 33.6 If the Supplier Agency makes a notification to the Authority pursuant Client under to Clause 37.433.5, the Supplier Agency 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 15 22 (Records, Audit Access and Open Book DataAudit).
37.6 33.7 If the Supplier Agency breaches Clause 37.133.5, the Authority Client may by notice:
37.6.1 (a) require the Supplier Agency to remove from the performance of this Framework Agreement any Supplier Agency Personnel whose acts or omissions have caused the SupplierAgency’s breachbreach from any Project; or
37.6.2 (b) immediately terminate this Framework Agreement Call-Off Contract for material Default.
37.7 33.8 Any notice served by the Authority Client under Clause 37.6 33.5 shall specify set out: the nature of the Prohibited Act, ; the identity of the Party who the Authority Client believes has committed the Prohibited Act and Act; the action that the Authority Client has elected to take (including, where take; and if relevant, the date on which this Framework Agreement Call-Off Contract shall terminate).
Appears in 1 contract
Samples: Callout Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 39.1 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 Framework Commencement Date:
37.1.1 39.1.1 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
37.1.2 39.1.2 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 on the grounds of a Prohibited Act.
37.2 39.2 The Supplier shall not during the Framework Period:
37.2.1 39.2.1 commit a Prohibited Act; and/or
37.2.2 39.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 39.3 The Supplier shall during the Framework Period:
37.3.1 39.3.1 establish, maintain and 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;
37.3.2 39.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority on request;
37.3.3 39.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 39.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 39.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 39.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 39.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 39.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 39.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 39.6 If the Supplier breaches Clause 37.1, the 39.1,the Authority may by notice:
37.6.1 39.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 39.6.2 immediately terminate this Framework Agreement for material Default.
37.7 39.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement for the Supply of Non Medical Non Clinical Temporary and Fixed Term Staff
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier Contractor warrants and represents and warrants to the Authority that neither it, nor to the best of its knowledge any Supplier Contractor Personnel, have at any time prior to the Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier Contractor shall not during the Framework Period:
37.2.1 Term: commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier Contractor shall during the Framework Period:
37.3.1 Term: establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 25.3.1 (Prevention of Fraud and Bribery) of this Schedule 2 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier Contractor or its Sub-Contractors contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreementthe Contract. The Supplier Contractor shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 and have, maintain and and, where appropriate appropriate, enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Contractor Personnel or any person acting on the Supplier's Contractor’s behalf from committing a Prohibited Act.
37.4 . The Supplier Contractor shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.125.1 (Prevention of Fraud and Bribery) of this Schedule 2, or has reason to believe that it has or any of the Supplier Contractor Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement the Contract or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement the Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier Contractor makes a notification to the Authority pursuant to Clause 37.425.4 (Prevention of Fraud and Bribery) of this Schedule 2, the Supplier Contractor shall respond promptly to the Authority's ’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 15 12 (Records, Audit Access Records Retention and Open Book Data).
37.6 Right of Audit) of this Schedule 2. If the Supplier Contractor breaches Clause 37.125.1 (Prevention of Fraud and Xxxxxxx) of this Schedule 2, the Authority may by notice:
37.6.1 : require the Supplier Contractor to remove from the performance of this Framework Agreement the Contract any Supplier Contractor Personnel whose acts or omissions have caused the SupplierContractor’s breach; or
37.6.2 or immediately terminate the Contract pursuant to Clause 15.2.1(a) (Termination) of this Framework Agreement for material Default.
37.7 Schedule 2. Any notice served by the Authority under Clause 37.6 25.6 of this Schedule 2 shall specify the nature of the Prohibited Act, the identity of the Party 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 Framework Agreement the Contract shall terminate).
Appears in 1 contract
Samples: Conditions of Contract for the Provision of Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 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
37.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier shall not during the Framework Period:
37.2.1 commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors subcontractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 The Supplier shall during the Framework Period:
37.3.1 establish, maintain and 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;
37.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Commencement Date:its
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and 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;
37.3.2 40.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:aware
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Records and Audit Access and Open Book DataAccess).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1. The Supplier Provider represents and warrants that neither it, nor to the best of its knowledge any Supplier Provider Personnel, have at any time prior to the Framework Commencement Date:
37.1.1 40.1.1. 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
37.1.2 40.1.2. 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 on the grounds of a Prohibited Act.
37.2 40.2. The Supplier Provider shall not during the Framework Period:
37.2.1 40.2.1. commit a Prohibited Act; and/or
37.2.2 40.2.2. do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3. The Supplier Provider shall during the Framework Period:
37.3.1 40.3.1. establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 40.3.2. require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1;
40.3.3. keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.4. if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier Provider or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier Provider shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.5. 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 Provider Personnel or any person acting on the Supplier's Provider’s behalf from committing a Prohibited Act.
37.4 40.4. The Supplier Provider shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Provider Personnel has:
37.4.1 40.4.1. been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2. 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3. received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5. If the Supplier Provider makes a notification to the Authority pursuant to Clause 37.440.4, the Supplier Provider 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6. If the Supplier Provider breaches Clause 37.140.1, the Authority may by notice:
37.6.1 40.6.1. require the Supplier Provider to remove from the performance of this Framework Agreement any Supplier Provider Personnel whose acts or omissions have caused the SupplierProvider’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier 11.1 Each Finance Party represents and warrants that neither it, nor to the best of its knowledge any Supplier of the respective Finance Party’s Personnel, have at any time prior to the Framework Commencement Datedate of the Facility Agreement:
37.1.1 11.1.1 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
37.1.2 11.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier 11.2 Each Finance Party shall not during the Framework Period:
37.2.1 term of the Facility Agreement commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 The Supplier 11.3 Each Finance Party shall during the Framework Periodterm of the Facility Agreement:
37.3.1 11.3.1 establish, maintain and enforce, and require that its Sub-Contractors to 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;
37.3.2 11.3.2 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the respective Finance Party do not commit tax evasion facilitation offences as defined pursuant to that Act;
11.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 pursuant to Section 11.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 have, maintain 11.3.4 take account of any guidance about preventing facilitation of tax evasion offences which may be published and where appropriate enforce an anti-bribery policy (which shall be disclosed to updated in accordance with Section 47 of the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited ActCriminal Finances Act 2017.
37.4 The Supplier 11.4 Each Finance Party shall immediately notify the Authority BHL in writing if it becomes aware of any breach of Clause 37.1Section 11.1 or 11.2, or has reason to believe that it has or any of the Supplier respective Finance Party’s Personnel hashave:
37.4.1 11.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 11.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 11.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework the Facility Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Framework the Facility Agreement has committed or attempted to commit a Prohibited Act.
37.5 11.5 If the Supplier any Finance Party makes a notification to the Authority BHL pursuant to Clause 37.4Section 11.4, the Supplier relevant Finance Party shall respond promptly to the Authority's BHL’s enquiries, co-operate with any investigation, and allow BHL and/or the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 (Records, Audit Access and Open Book Data)Section 11.3.
37.6 11.6 If the Supplier breaches Clause 37.1any Finance Party is in Default pursuant to Sections 11.1 and/or 11.2, the Authority BHL may by notice:
37.6.1 notice require the Supplier relevant Finance Party to remove from the performance of this Framework the Facility Agreement any Supplier Finance Party Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 55.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.155.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.455.4, 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 15 26. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.155.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 55.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 35.1 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 Framework Commencement Date:
37.1.1 35.1.1 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
37.1.2 35.1.2 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 on the grounds of a Prohibited Act.
37.2 35.2 The Supplier shall not during the Framework Period:
37.2.1 35.2.1 commit a Prohibited Act; and/or
37.2.2 35.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- Key sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 35.3 The Supplier shall during the Framework Period:
37.3.1 35.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 35.3.2 require that its Key Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 35.3.1;
35.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3.1 and make such records available to the Authority on request;
37.3.3 35.3.4 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 35.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 35.3.5 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 Supplier's ’s behalf from committing a Prohibited Act.
37.4 35.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 35.1, 35.2 and 35.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 35.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 35.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 35.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 35.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.435.4, 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 15 16 (Records, Audit Access and Open Book Data).
37.6 35.6 If the Supplier breaches Clause 37.1, the 35.1,the Authority may by notice:
37.6.1 35.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 35.6.2 immediately terminate this Framework Agreement for material Default.
37.7 35.7 Any notice served by the Authority under Clause 37.6 35.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1
40.1 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 Framework Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 40.3.2 require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1;
40.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.4 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or and Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.5 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 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
37.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier shall not during the Framework Period:
37.2.1 commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 The Supplier shall during the Framework Period:
37.3.1 establish, maintain and 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;
37.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Ict Services Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority CCS or any of the AuthorityCCS’s employees, 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.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 40.3.2 require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1;
40.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority CCS on request;
37.3.3 40.3.4 if so required by the AuthorityCCS, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the AuthorityCCS, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority CCS may reasonably request; and
37.3.4 40.3.5 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority CCS in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority CCS pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the Authority 40.1,CCS may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority CCS under Clause 37.6 40.6 shall specify the nature of the Prohibited 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement for the Provision of Management Consultancy Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 14.1 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 Framework Commencement Date:
37.1.1 14.1.1 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
37.1.2 14.1.2 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 on the grounds of a Prohibited Act.
37.2 14.2 The Supplier shall not during the Framework PeriodTerm:
37.2.1 14.2.1 commit a Prohibited Act; and/or
37.2.2 14.2.2 do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 14.3 The Supplier shall during the Framework PeriodTerm:
37.3.1 14.3.1 establish, maintain and 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;
37.3.2 14.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 14.3.1 and make such records available to the Authority Customer on request;
37.3.3 14.3.3 if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Ordered Panel Services in connection with this Framework AgreementLegal Services Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 14.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 14.4 The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.114.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 14.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 14.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 14.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Legal Services Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Legal Services Contract has committed or attempted to commit a Prohibited Act.
37.5 14.5 If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.414.4, 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 15 (Records, Audit Access and Open Book Data)documentation.
37.6 14.6 If the Supplier breaches Clause 37.114.3, the Authority Customer may by notice:
37.6.1 14.6.1 require the Supplier to remove from the performance of this Framework Agreement Legal Services Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 14.6.2 immediately terminate this Framework Agreement for material DefaultLegal Services Contract.
37.7 14.7 Any notice served by the Authority Customer under Clause 37.6 14.4 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 Framework Agreement Legal Services Contract shall terminate).
Appears in 1 contract
Samples: Legal Services Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Contract Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 60.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.160.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.460.4, 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 15 24 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.160.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 60.4 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 Framework Agreement Contract shall terminate).
Appears in 1 contract
Samples: Contract Order Form
PREVENTION OF FRAUD AND XXXXXXX. 37.1 27.1 The Supplier Contractor represents and warrants that neither it, nor to the best of its knowledge any Supplier Contractor Personnel, have at any time prior to the Framework Contract Commencement Date:
37.1.1 (a) 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
37.1.2 (b) 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.
37.2 27.2 The Supplier Contractor shall not during the Framework Call-Off Contract Period:
37.2.1 (a) commit a Prohibited Act; and/or
37.2.2 (b) do or suffer anything to be done which would cause the Authority Commissioner or any of the AuthorityCommissioner’s employees, consultants, contractors, sub- contractors Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to all applicable Law relating to bribery, corruption and fraud, including the Relevant RequirementsBribery Act 2010 and any guidance issued by the Secretary of State for Justice pursuant to section 9 of the Bribery Act 2010.
37.3 27.3 The Supplier Contractor shall during the Framework Contract Period:
37.3.1 (a) establish, maintain and enforce, and require that its Sub-Contractors establish, maintain and enforce, policies and procedures which are adequate to ensure compliance with all applicable Law relating to bribery, corruption and fraud, including the Relevant Requirements Bribery Act 2010 and any guidance issued by the Secretary of State for Justice pursuant to section 9 of the Bribery Act 2010 and prevent the occurrence of a Prohibited Act;
37.3.2 (b) keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3(a) and make such records available to the Authority Commissioner on request;
37.3.3 (c) if so required by the AuthorityCommissioner, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Commissioner in writing to of the Authority, the compliance with this Clause 37.3 of Contractor and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or and Services in connection with this Framework AgreementContract. The Supplier Contractor shall provide such supporting evidence of compliance as the Authority Commissioner may reasonably request; and,
37.3.4 (d) have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Authority Commissioner on request) to prevent it and any Supplier Contractor Personnel or any person acting on the SupplierContractor's behalf from committing a Prohibited Act.
37.4 27.4 The Supplier Contractor shall immediately notify the Authority Commissioner in writing if it becomes aware of any breach of Clause 37.135.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 (b) 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
37.4.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 27.5 If the Supplier Contractor makes a notification to the Authority Commissioner pursuant to Clause 37.427.4, the Supplier Contractor shall respond promptly to the AuthorityCommissioner's enquiries, co-operate with any investigation, and allow the Authority Commissioner to audit any books, records and/or any other relevant documentation in accordance with Clause 15 (Records, Audit Access and Open Book Data)documentation.
37.6 27.6 If the Supplier Contractor breaches Clause 37.1Clauses 27.2 and/or 27.3, the Authority Commissioner may by notice:
37.6.1 (a) require the Supplier Contractor to remove from the performance of this Framework Agreement Contract any Supplier Contractor Personnel whose acts or omissions have caused the SupplierContractor’s breach; or,
37.6.2 (b) immediately terminate this Framework Agreement Call-Off Contract for material Default.
37.7 27.7 Any notice served by the Authority Commissioner under Clause 37.6 35.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Commissioner believes has committed the Prohibited Act and the action that the Authority Commissioner has elected to take (including, where relevant, the date on which this Framework Agreement Contract shall terminate).
Appears in 1 contract
Samples: Contract for Architectural Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- Key sub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; require that its Key Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 35.3.1; keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 35.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's ’s behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 35.1, 35.2 and 35.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.435.4, 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 15 16 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the 35.1,the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 35.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Panel Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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.
37.2 40.2 The Supplier shall not during the Framework Panel Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employeesstaff, 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.
37.3 40.3 The Supplier shall during the Framework Panel Period:
37.3.1 40.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 40.3.2 require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1;
40.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.4 if so required by the Authority, within twenty (20) Working Days of the Framework Panel Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Goods and/or Panel Services in connection with this Framework Panel Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.5 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Panel Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Panel Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Panel Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Panel Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Panel Agreement shall terminate).
Appears in 1 contract
Samples: Panel Agreement for the Provision of General Legal Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 50.1 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 Framework Call Off Commencement Date:
37.1.1 50.1.1 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
37.1.2 50.1.2 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 on the grounds of a Prohibited Act.
37.2 50.2 The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 50.2.1 commit a Prohibited Act; and/or
37.2.2 50.2.2 do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 50.3 The Supplier shall during the Framework Call Off Contract Period:
37.3.1 50.3.1 establish, maintain and 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;
37.3.2 50.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 50.3.3 if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Sub- Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 50.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 51.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.151.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.451.4, 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 15 22. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.151.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Order Form
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Contracting Authority or any of the Contracting Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Contracting Authority on request;
37.3.3 ; if so required by the Contracting Authority, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Contracting Authority in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Contracting Authority may reasonably request; and
37.3.4 and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Contracting Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's ’s behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Contracting Authority in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Contracting Authority pursuant to Clause 37.450.4, the Supplier shall respond promptly to the Contracting Authority's enquiries, co-operate with any investigation, and allow the Contracting Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 21. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Contracting Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Contracting Authority under Clause 37.6 50.4 shall specify the nature of the Prohibited Act, the identity of the Party who the Contracting Authority believes has committed the Prohibited Act and the action that the Contracting Authority has elected to take (including, where relevant, the date on which this Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 48.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, any person acting on their behalf, have at any time prior to the Framework Commencement Date:
37.1.1 48.1.1 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
37.1.2 48.1.2 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 on the grounds of a Prohibited Act.
37.2 48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Framework PeriodTerm:
37.2.1 48.2.1 commit a Prohibited Act; and/or
37.2.2 48.2.2 do or suffer anything to be done which would cause the Authority FCDO or any of the AuthorityFCDO’s employees, consultants, contractorssuppliers, sub- contractors Sub- Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 48.3 The Supplier shall during the Framework PeriodTerm:
37.3.1 48.3.1 establish, maintain and enforce, and require that its Sub-Contractors Supplier 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;
37.3.2 48.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 48.3.1 and make such records available to the Authority FCDO on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 48.4 The Supplier shall immediately notify the Authority FCDO in writing if it becomes aware of any breach of Clause 37.148.1 and/or Clause 48.2, or has reason to believe that it has or any of the Supplier Personnel hasPersonnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
37.4.1 48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 48.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 If 48.5 The Supplier warrants and represents to FCDO that to the best of its knowledge, that neither the Supplier, Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf:
48.5.1 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
48.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier makes a notification or Supplier 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 FCDO, whose written consent was subsequently given to such payment.
48.6 Neither the Supplier or the Supplier 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 Contract.
48.7 Where the Supplier or Supplier Personnel, or any person acting on their behalf, does any of the acts mentioned in Clause 48.5 or commits any offence under the Bribery Act 2010, with or without the knowledge of the Supplier, in relation to this Contract or any other contract with the Crown, FCDO shall be entitled:
48.7.1 to terminate the Contract with immediate effect by written notice to the Authority pursuant Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
48.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
48.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this Clause 37.448, whether or not the Contract is terminated.
48.8 FCDO , the Supplier and the Supplier Personnel shall respond promptly immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the Authority's enquiriessuccessful delivery of the Services, co-operate with any investigationwhether financed in full or in part by FCDO, and allow the Authority to audit any booksincluding credible suspicion of/or actual fraud, records and/or bribery, corruption or any other relevant documentation financial irregularity or impropriety. FCDO has an expert fraud investigation unit, that should be contacted in accordance the first instance at xxxxxxxxxxxxxxxxx@xxxx.xxx.xx or +00 (0)0000 000000. All suspicions will be treated with Clause 15 (Records, Audit Access and Open Book Data)the utmost confidentiality.
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Supplier Services Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Call Off Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3 The Supplier shall during the Framework Call Off Contract Period:
37.3.1 40.3.1 establish, maintain and enforce, and require that its Sub-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;
37.3.2 40.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority Customer on request;
37.3.3 40.3.3 if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 40.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.140.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.440.4, 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 15 16 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.140.3, the Authority Customer may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 40.7 Any notice served by the Authority Customer under Clause 37.6 40.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 49.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.149.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.449.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.149.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 breach of condition. Any notice served by the Authority Customer under Clause 37.6 49.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier 11.1 Each Finance Party represents and warrants that neither it, nor to the best of its knowledge any Supplier of the respective Finance Party’s Personnel, have at any time prior to the Framework Commencement Datedate of the Facility Agreement:
37.1.1 11.1.1 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
37.1.2 11.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier 11.2 Each Finance Party shall not during the Framework Period:
37.2.1 term of the Facility Agreement commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 The Supplier 11.3 Each Finance Party shall during the Framework Periodterm of the Facility Agreement:
37.3.1 11.3.1 establish, maintain and enforce, and require that its Sub-Contractors to 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;
37.3.2 11.3.2 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the respective Finance Party do not commit tax evasion facilitation offences as defined pursuant to that Act;
11.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 pursuant to Section 11.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 have, maintain 11.3.4 take account of any guidance about preventing facilitation of tax evasion offences which may be published and where appropriate enforce an anti-bribery policy (which shall be disclosed to updated in accordance with Section 47 of the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited ActCriminal Finances Act 2017.
37.4 The Supplier 11.4 Each Finance Party shall immediately notify the Authority Borrower in writing if it becomes aware of any breach of Clause 37.1Section 11.1 or 11.2, or has reason to believe that it has or any of the Supplier respective Finance Party’s Personnel hashave:
37.4.1 11.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 11.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 11.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework the Facility Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Framework the Facility Agreement has committed or attempted to commit a Prohibited Act.
37.5 11.5 If the Supplier any Finance Party makes a notification to the Authority Borrower pursuant to Clause 37.4Section 11.4, the Supplier relevant Finance Party shall respond promptly to the Authority's Borrower’s enquiries, co-operate with any investigation, and allow Borrower and/or the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 Section 3.1 (Records, Reports and Audit Access and Open Book DataRights).
37.6 11.6 If the Supplier breaches Clause 37.1any Finance Party is in Default pursuant to Sections 11.1 and/or 11.2, the Authority Borrower may by notice:
37.6.1 notice require the Supplier relevant Finance Party to remove from the performance of this Framework the Facility Agreement any Supplier Finance Party Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Supplier, sub-contractor or affiliates Personnel, have at any time prior to the Framework Commencement Date:
37.1.1 39.1.1 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
37.1.2 39.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier shall not during the Framework Period:
37.2.1 39.1.3 commit a Prohibited Act; and/or
37.2.2 39.1.4 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 39.1.5 establish, maintain and enforce, and require that its Sub-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;
37.3.2 39.1.6 keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.1.5 and make such records available to the Authority on request;
37.3.3 39.1.7 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 0 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 39.1.8 have, maintain and where appropriate enforce an anti-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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 39.1.9 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 39.1.10 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/orin
37.4.3 39.1.11 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 39.1.12 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 39.1.13 immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 0 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier Contractor warrants and represents and warrants to the Authority that neither it, nor to the best of its knowledge any Supplier Contractor Personnel, have at any time prior to the Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier Contractor shall not during the Framework Period:
37.2.1 Term: commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier Contractor shall during the Framework Period:
37.3.1 Term: establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 26.3.1 (Prevention of Fraud and Bribery) of this Schedule 2 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier Contractor or its Sub-Contractors contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreementthe Contract. The Supplier Contractor shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 and have, maintain and and, where appropriate appropriate, enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Contractor Personnel or any person acting on the Supplier's Contractor’s behalf from committing a Prohibited Act.
37.4 . The Supplier Contractor shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.126.1 (Prevention of Fraud and Bribery) of this Schedule 2, or has reason to believe that it has or any of the Supplier Contractor Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement the Contract or otherwise suspects that any person or Party party directly or indirectly connected with this Framework Agreement the Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier Contractor makes a notification to the Authority pursuant to Clause 37.426.4 (Prevention of Fraud and Bribery) of this Schedule 2, the Supplier Contractor shall respond promptly to the Authority's ’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 15 13 (Records, Audit Access Records Retention and Open Book Data).
37.6 Right of Audit) of this Schedule 2. If the Supplier Contractor breaches Clause 37.126.1 (Prevention of Fraud and Xxxxxxx) of this Schedule 2, the Authority may by notice:
37.6.1 : require the Supplier Contractor to remove from the performance of this Framework Agreement the Contract any Supplier Contractor Personnel whose acts or omissions have caused the SupplierContractor’s breach; or
37.6.2 or immediately terminate the Contract pursuant to Clause 16.2.1(a) (Termination) of this Framework Agreement for material Default.
37.7 Schedule 2. Any notice served by the Authority under Clause 37.6 26.6 of this Schedule 2 shall specify the nature of the Prohibited Act, the identity of the Party 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 Framework Agreement the Contract shall terminate).
Appears in 1 contract
Samples: Conditions of Contract for the Provision of Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 17 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the 39.1,the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 61.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.161.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.461.4, 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 15 23 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.161.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 61.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier represents and warrants that neither it, nor to the best of its knowledge any Supplier Personnelof its staff or Sub-Contractors, have at any time prior to the Framework Commencement Effective Date:
37.1.1 : 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
37.1.2 or been listed by any government department or agency Supplier as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes programmed or contracts on the grounds of a Prohibited Act.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 must not: commit a Prohibited Act; and/or
37.2.2 or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, consultants, contractors, sub- contractors sub-contractors, or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 . The Supplier shall during the Framework Period:
37.3.1 Term: establish, maintain maintain, and enforce, and require that its Sub-Contractors establish, maintain maintain, and enforce, policies and procedures which are adequate to ensure compliance with the Relevant Requirements and prevent the occurrence of a Prohibited Act;
37.3.2 . keep appropriate records of its compliance with its obligations under Clause 37.3.1 32.3 (a) and make such records available to the Authority Customer on request;
37.3.3 . if so so, required by the AuthorityCustomer, within twenty (20) 20 Working Days of the Framework Commencement Effective Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementAgreement are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 haveand Have, maintain and (where appropriate appropriate) enforce an anti-bribery policy (which shall be disclosed to the Authority on request) to prevent it and any Supplier Personnel staff or Sub-Contractors or any person acting on the Supplier's ’s behalf from committing a Prohibited Act.
37.4 . This anti-bribery policy must be disclosed to the Customer on request. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.132.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 staff or Sub-Contractors have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 . been listed by any government department or agency Supplier as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes programmed or contracts Framework Agreement s on the grounds of a Prohibited Act; and/or
37.4.3 . received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Agreement; or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant Customer under to Clause 37.432.5, 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 inaccordance with Clause 15 21 (Records, Audit Access and Open Book DataAudit).
37.6 . If the Supplier breaches Clause 37.132.5, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breachbreach from any Project; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 32.5 shall specify set out: the nature of the Prohibited Act, . the identity of the Party who the Authority Customer believes has committed the Prohibited Act and Act. the action that the Authority Customer has elected to take (including, where take; and if relevant, the date on which this Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Panel Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Panel Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employeesstaff, 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.
37.3 . The Supplier shall during the Framework Panel Period:
37.3.1 : establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; 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 37.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Panel Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Key Sub-Contractors who are responsible for supplying the Goods and/or Panel Services in connection with this Framework Panel Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Panel Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Panel Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Panel Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Panel Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 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 Framework Panel Agreement shall terminate).
Appears in 1 contract
Samples: Panel Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 40.3.2 require that its Sub-Contractors establish, maintain and enforce the policies and procedures referred to in Clause 40.3.1;
40.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.4 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.5 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement for the Provision of Management Consultancy Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 43.1 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 Framework Commencement Date:
37.1.1 43.1.1 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/orand or
37.1.2 43.1.2 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 on the grounds of a Prohibited Act.
37.2 43.2 The Supplier shall not during the Framework Contract Period:
37.2.1 43.2.1 commit a Prohibited Act; and/orand or
37.2.2 43.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 43.3 The Supplier shall during the Framework Contract Period:
37.3.1 43.3.1 establish, maintain and 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;
37.3.2 43.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 43.3.1 and make such records available to the Authority on request;
37.3.3 43.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify to the Authority in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 43.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 43.3.5 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.143.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 43.3.6 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 43.3.7 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/orand or
37.4.3 43.3.8 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 43.3.9 If the Supplier makes a notification to the Authority pursuant to Clause 37.443.3.8, 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 and or any other relevant documentation in accordance with Clause 15 16 (Records, Audit Access and Open Book Data).
37.6 43.3.10 If the Supplier breaches Clause 37.143, the Authority may by notice:
37.6.1 43.3.11 require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Price Benchmarking Services Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 35.1 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 Framework Commencement DPS Effective Date:
37.1.1 (a) 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
37.1.2 (b) 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.
37.2 35.2 The Supplier shall not during the Framework Periodterm of this DPS Agreement or any Call-Off Agreement:
37.2.1 (a) commit a Prohibited Act; and/or
37.2.2 (b) do or suffer anything to be done which would cause the DPS Authority or any of the Authority’s Service Recipient or any employees, consultants, contractors, sub- sub-contractors or agents of the same to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 35.3 The Supplier shall during the Framework Periodterm of this DPS Agreement and any Call-Off Agreement:
37.3.1 (a) establish, maintain and enforce, and require that its Key Sub-Contractors 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;; and
37.3.2 (b) keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3(a) and make such records available to the Authority DPS Authority, and Service Recipients on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 35.4 The Supplier shall immediately notify the DPS Authority and any relevant Service Recipient (together the "Concerned Parties") in writing if it becomes aware of any breach of Clause 37.135.1 and/or 35.2, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 (b) 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
37.4.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework DPS Agreement or any Call-Off Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework DPS Agreement or any Call-Off Agreement has committed or attempted to commit a Prohibited Act.
37.5 35.5 If the Supplier makes a notification to the Authority Concerned Parties pursuant to Clause 37.435.4, the Supplier shall respond promptly to the Authority's Concerned Parties' enquiries, co-operate with any investigation, and allow the Authority Concerned Parties to audit Audit any books, records Records and/or any other relevant documentation in accordance with Clause 15 7 (Records, Audit Access Reports, Audits and Open Book Data).
37.6 35.6 If the Supplier breaches Clause 37.1, is in Default under Clauses 35.1 and/or 35.2 the DPS Authority may by notice:
37.6.1 (a) suspend the right of the Supplier to enter into Call-Off Agreements; and/or
(b) require the Supplier to remove from the performance of this Framework DPS Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 35.7 Any notice served by the DPS Authority under Clause 37.6 35.6 shall specify the nature of the Prohibited Act, the identity of the Party who the DPS Authority (as applicable) believes has committed the Prohibited Act and the action that the DPS Authority has elected to take (including, where relevant, the date on which this Framework Agreement the Supplier’s right to enter into Call-Off Agreements shall terminatebe suspended).
Appears in 1 contract
Samples: Dynamic Purchasing System Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or and Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call-Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call-Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, consultants, contractors, sub- contractors Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 . The Supplier shall during the Framework Call-Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 47.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call-Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall-Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.147.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call-Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call-Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.468.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.147.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call-Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call-Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 47.4 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 Framework Agreement Call-Off Contract shall terminate).
Appears in 1 contract
Samples: Vehicle Hire Services Order Form
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier 11.1 Each Finance Party represents and warrants that neither it, nor to the best of its knowledge any Supplier of the respective Finance Party’s Personnel, have at any time prior to the Framework Commencement Datedate of the Facility Agreement:
37.1.1 11.1.1 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
37.1.2 11.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier 11.2 Each Finance Party shall not during the Framework Period:
37.2.1 term of the Facility Agreement commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 The Supplier 11.3 Each Finance Party shall during the Framework Periodterm of the Facility Agreement:
37.3.1 11.3.1 establish, maintain and enforce, and require that its Sub-Contractors to 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;
37.3.2 11.3.2 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the respective Finance Party do not commit tax evasion facilitation offences as defined pursuant to that Act;
11.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 pursuant to Section 11.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 have, maintain 11.3.4 take account of any guidance about preventing facilitation of tax evasion offences which may be published and where appropriate enforce an anti-bribery policy (which shall be disclosed to updated in accordance with Section 47 of the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited ActCriminal Finances Xxx 0000.
37.4 The Supplier 11.4 Each Finance Party shall immediately notify the Authority Borrower in writing if it becomes aware of any breach of Clause 37.1Section 11.1 or 11.2, or has reason to believe that it has or any of the Supplier respective Finance Party’s Personnel hashave:
37.4.1 11.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 11.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 11.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework the Facility Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Framework the Facility Agreement has committed or attempted to commit a Prohibited Act.
37.5 11.5 If the Supplier any Finance Party makes a notification to the Authority Borrower pursuant to Clause 37.4Section 11.4, the Supplier relevant Finance Party shall respond promptly to the Authority's Borrower’s enquiries, co-operate with any investigation, and allow Borrower and/or the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 Section 3.1 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 65.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.165.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.465.4, 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 15 24 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.165.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 65.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 50.1 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 Framework Commencement Date:
37.1.1 50.1.1 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
37.1.2 50.1.2 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 on the grounds of a Prohibited Act.
37.2 50.2 The Supplier shall not during the Framework Contract Period:
37.2.1 50.2.1 commit a Prohibited Act; and/or
37.2.2 50.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 50.3 The Supplier shall during the Framework Contract Period:
37.3.1 50.3.1 establish, maintain and enforce, and require that its Sub-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;
37.3.2 50.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority on request;
37.3.3 50.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify to the Authority in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 50.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 50.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel hashave:
37.4.1 50.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 50.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 50.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 50.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 50.6 If the Supplier breaches Clause 37.150.3, the Authority may by notice:
37.6.1 50.6.1 require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 50.6.2 immediately terminate this Framework Agreement Contract for material Default.
37.7 50.7 Any notice served by the Authority under Clause 37.6 50.4 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 Framework Agreement Contract shall terminate).
Appears in 1 contract
Samples: Flood Re Management Agent Scheme Managed Services Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 52.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.152.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.452.4, 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 15 23 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.152.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 52.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework DMP Commencement Date:
37.1.1 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
37.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Dynamic Marketplace Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3 The Supplier shall during the Framework Dynamic Marketplace Period:
37.3.1 : establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Dynamic Marketplace Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Dynamic Marketplace Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, 40.1 the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Dynamic Marketplace Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Dynamic Marketplace Agreement shall terminate).
Appears in 1 contract
Samples: Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 59.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.159.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.459.4, 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 15 24 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.159.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 40.1 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 Framework Commencement Date:
37.1.1 40.1.1 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
37.1.2 40.1.2 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 on the grounds of a Prohibited Act.
37.2 40.2 The Supplier shall not during the Framework Period:
37.2.1 40.2.1 commit a Prohibited Act; and/or
37.2.2 40.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors Sub-Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 40.3 The Supplier shall during the Framework Period:
37.3.1 40.3.1 establish, maintain and 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;
37.3.2 40.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 40.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Vehicle Hire Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 40.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.140.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 40.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 40.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 40.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 40.6 If the Supplier breaches Clause 37.1, the 40.1,the Authority may by notice:
37.6.1 40.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 40.6.2 immediately terminate this Framework Agreement for material Default.
37.7 40.7 Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Contract Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Contract Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementContract are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's Suppliers behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.1Error: Reference source not found, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s Suppliers breach; or
37.6.2 or immediately terminate this Framework Agreement Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Contract shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 Date of the Commercial Agreement: 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Commercial Agreement Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Commercial Agreement Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 B35.8(c)(i) above and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement DateDate of the Commercial Agreement, and annually thereafter, certify to the Authority in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework the Commercial Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1B35.8(a) above, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework the Commercial Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework the Commercial Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.4B35.8(d) above, 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 15 (Records, Audit Access and Open Book Data).
37.6 A24 above. If the Supplier breaches Clause 37.1B35.8(d) above, the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework the Commercial Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework the Commercial Agreement for material Default.
37.7 Default of the Supplier. Any notice served by the Authority under Clause 37.6 B35.8(f) above 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 Framework the Commercial Agreement shall terminate).
Appears in 1 contract
Samples: Commercial Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Order Form and Call Off Terms for Goods and/or Services (Non Ict)
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework DMP Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Dynamic Marketplace Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Dynamic Marketplace Period:
37.3.1 : establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; 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 37.3.1 40.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework DMP Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 40.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Dynamic Marketplace Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.1Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Dynamic Marketplace Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Dynamic Marketplace Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.440.4, 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 15 18. (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, 40.1 the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Dynamic Marketplace Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Dynamic Marketplace Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 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 Framework Dynamic Marketplace Agreement shall terminate).
Appears in 1 contract
Samples: Dynamic Marketplace Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 50.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.150.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.450.4, 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 15 21 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.150.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 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 Framework Agreement Call Off Contract shall terminate).. The Authority places the utmost importance on the need to prevent fraud and irregularity in the delivery of this Contract. Contractors and Sub-contractors are required to:
a) have an established system that enables Contractor and Sub-contractor staff to report inappropriate behaviour by colleagues in respect of contract performance claims;
b) ensure that their performance management systems do not encourage individual staff to make false claims regarding achievement of contract performance targets;
c) ensure a segregation of duties within the Contractor’s or Sub-contractors operation between those employees directly involved in delivering the service/goods performance and those reporting achievement of contract performance to the Authority;
d) ensure that an audit system is implemented to provide periodic checks, as a minimum at six (6) Monthly intervals, to ensure effective and accurate recording and reporting of contract performance. The Contractor shall use its best endeavours to safeguard the Authority's funding of the Contract against fraud generally and, in particular, fraud on the part of the Contractor's directors, employees or Sub-contractors. The Contractor shall pay the utmost regard to safeguarding public funds against misleading claims for payment and shall notify the Authority immediately if it has reason to suspect that any serious irregularity or fraud has occurred or is occurring. If the Contractor, its Staff or its Sub-contractors commits Fraud in relation to this or any other contract with the Crown (including the Authority) the Authority may:
a) terminate the Contract and recover from the Contractor the amount of any loss suffered by the Authority resulting from the termination, including the cost reasonably incurred by the Authority of making other arrangements for the supply of the Services and any additional expenditure incurred by the Authority throughout the remainder of the Contract Period; or
b) recover in full from the Contractor any other loss sustained by the Authority in consequence of any Default of this clause. Any act of fraud committed by the Contractor or its Sub-contractors (whether under this Contract or any other contract with any other Contracting Body) shall entitle the Authority to terminate this Contract, and any other contract the Authority has with the Contractor, by serving written notice on the Contractor. If the Authority finds that the Contractor has deliberately submitted false claims for Contract payments with the knowledge of its senior officers the Authority will be entitled to terminate this Contract, or any other contract the Authority has with the Contractor, with immediate effect
Appears in 1 contract
Samples: Call Off Contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.439.4, 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 15 19 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1, the 39.1,the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority CCS or any of the AuthorityCCS’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that 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 updated in accordance with Section 47 of the Criminal Finances Act 2017; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3.1 and make such records available to the Authority CCS on request;
37.3.3 ; if so required by the AuthorityCCS, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the AuthorityCCS, the compliance with this Clause 37.3 39.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority CCS may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority CCS in writing if it becomes aware of any breach of Clause 37.139.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority CCS pursuant to Clause 37.439.4, 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 15 18 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.139.1, the Authority CCS may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority CCS under Clause 37.6 39.6 shall specify the nature of the Prohibited 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3.1 and make such records available to the Authority on request;
37.3.3 ; if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 35.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.135.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority pursuant to Clause 37.435.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.135.1, the Authority may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 . Any notice served by the Authority under Clause 37.6 35.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Enterprise Application Support Services Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 The Supplier 11.1 Each Finance Party represents and warrants that neither it, nor to the best of its knowledge any Supplier of the respective Finance Party’s Personnel, have at any time prior to the Framework Commencement Datedate of the Facility Agreement:
37.1.1 11.1.1 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
37.1.2 11.1.2 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 on the grounds of a Prohibited Act.
37.2 The Supplier 11.2 Each Finance Party shall not during the Framework Period:
37.2.1 term of the Facility Agreement commit a Prohibited Act; and/or
37.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, consultants, contractors, sub- contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
37.3 The Supplier 11.3 Each Finance Party shall during the Framework Periodterm of the Facility Agreement:
37.3.1 11.3.1 establish, maintain and enforce, and require that its Sub-Contractors to 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;
37.3.2 11.3.2 have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the respective Finance Party do not commit tax evasion facilitation offences as defined pursuant to that Act;
11.3.3 keep appropriate records of its compliance with its obligations under Clause 37.3.1 pursuant to Section 11.3.1 and make such records available to the Authority on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 have, maintain 11.3.4 take account of any guidance about preventing facilitation of tax evasion offences which may be published and where appropriate enforce an anti-bribery policy (which shall be disclosed to updated in accordance with Section 47 of the Authority on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited ActCriminal Finances Act 2017.
37.4 The Supplier 11.4 Each Finance Party shall immediately notify the Authority Borrower in writing if it becomes aware of any breach of Clause 37.1Section 11.1Error! Reference source not found. or 11.2, or has reason to believe that it has or any of the Supplier respective Finance Party’s Personnel hashave:
37.4.1 11.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 11.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 11.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework the Facility Agreement or otherwise suspects that any person or Party party directly or indirectly connected with this Framework the Facility Agreement has committed or attempted to commit a Prohibited Act.
37.5 11.5 If the Supplier any Finance Party makes a notification to the Authority Borrower pursuant to Clause 37.4Section 11.4, the Supplier relevant Finance Party shall respond promptly to the Authority's Borrower’s enquiries, co-operate with any investigation, and allow Borrower and/or the Authority to audit any books, records and/or any other relevant documentation in accordance with Clause 15 Section 3.1 (Records, Audit Access and Open Book Data).
37.6 If the Supplier breaches Clause 37.1, the Authority may by notice:
37.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 immediately terminate this Framework Agreement for material Default.
37.7 Any notice served by the Authority under Clause 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 Framework Agreement shall terminate).
Appears in 1 contract
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 62.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to that the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services and the delivery of purchased Goods in connection with this Framework 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
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.162.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.462.4, 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 15 24 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.162.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 62.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Order Form
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Commencement Effective Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Period:
37.2.1 term of this Contract: commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Buyer or any of the AuthorityBuyer’s employees, 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.
37.3 . The Supplier shall during the Framework Period:
37.3.1 term of this Contract: establish, maintain and enforce, and require that its Sub-Contractors 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;
37.3.2 ; have in place reasonable prevention measures (as defined in sections 45(3) and 46(4) of the Criminal Finance Act 2017) to ensure that Associated Persons of the Supplier do not commit tax evasion facilitation offences as defined under that Act; keep appropriate records of its compliance with its obligations under Clause 37.3.1 39.3(a) and make such records available to the Authority Buyer on request;
37.3.3 if so required by the Authority, within twenty (20) Working Days ; and take account of any guidance about preventing facilitation of tax evasion offences which may be published and updated in accordance with Section 47 of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCriminal Finances Act 2017. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 The Supplier shall immediately notify the Authority Buyer in writing if it becomes aware of any breach of Clause 37.139.1 and/or 39.2, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Buyer pursuant to Clause 37.439.4, the Supplier shall respond promptly to the AuthorityBuyer's enquiries, co-operate with any investigation, and allow the Authority Buyer to audit Audit any books, records Records and/or any other relevant documentation in accordance with Clause 15 12 (Records, Audit Access Reports, Audits and Open Book Data).
37.6 . If the Supplier breaches Clause 37.1is in Default under Clauses 39.1 and/or 39.2, the Authority Buyer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breachDefault; or
37.6.2 or immediately terminate this Framework Agreement for material Default.
37.7 Contract. Any notice served by the Authority Buyer under Clause 37.6 39.6 shall specify the nature of the Prohibited Act, the identity of the Party who the Authority Buyer believes has committed the Prohibited Act and the action that the Authority Buyer has elected to take (including, where relevant, the date on which this Framework Agreement Contract shall terminate).
Appears in 1 contract
Samples: Call Off Terms
PREVENTION OF FRAUD AND XXXXXXX. 37.1 35.1 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 Framework Commencement Date:
37.1.1 35.1.1 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
37.1.2 35.1.2 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 on the grounds of a Prohibited Act.
37.2 35.2 The Supplier shall not during the Framework Period:
37.2.1 35.2.1 commit a Prohibited Act; and/or
37.2.2 35.2.2 do or suffer anything to be done which would cause the Authority or any of the Authority’s employees, 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.
37.3 35.3 The Supplier shall during the Framework Period:
37.3.1 35.3.1 establish, maintain and 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;
37.3.2 35.3.2 keep appropriate records of its compliance with its obligations under Clause 37.3.1 35.3.1 and make such records available to the Authority on request;
37.3.3 35.3.3 if so required by the Authority, within twenty (20) Working Days of the Framework Commencement Date, and annually thereafter, certify in writing to the Authority, the compliance with this Clause 37.3 35.3 of all persons associated with the Supplier or its Sub-Contractors who are responsible for supplying the Goods and/or Services in connection with this Framework Agreement. The Supplier shall provide such supporting evidence of compliance as the Authority may reasonably request; and
37.3.4 35.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 35.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of any breach of Clause 37.135.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 35.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 35.4.2 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 on the grounds of a Prohibited Act; and/or
37.4.3 35.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement has committed or attempted to commit a Prohibited Act.
37.5 35.5 If the Supplier makes a notification to the Authority pursuant to Clause 37.435.4, 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 15 (Records, Audit Access and Open Book Data).
37.6 35.6 If the Supplier breaches Clause 37.135.1, the Authority may by notice:
37.6.1 35.6.1 require the Supplier to remove from the performance of this Framework Agreement any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 35.6.2 immediately terminate this Framework Agreement for material Default.
37.7 35.7 Any notice served by the Authority under Clause 37.6 35.6 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 Framework Agreement shall terminate).
Appears in 1 contract
Samples: Framework Agreement
PREVENTION OF FRAUD AND XXXXXXX. 37.1 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 Framework Call Off Commencement Date:
37.1.1 : 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
37.1.2 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.
37.2 . The Supplier shall not during the Framework Call Off Contract Period:
37.2.1 : commit a Prohibited Act; and/or
37.2.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of the AuthorityCustomer’s employees, 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.
37.3 . The Supplier shall during the Framework Call Off Contract Period:
37.3.1 : establish, maintain and 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;
37.3.2 ; keep appropriate records of its compliance with its obligations under Clause 37.3.1 48.3.1 and make such records available to the Authority Customer on request;
37.3.3 ; if so required by the AuthorityCustomer, within twenty (20) Working Days of the Framework Call Off Commencement Date, and annually thereafter, certify to the Customer in writing to of the Authority, the compliance with this Clause 37.3 of Supplier and all persons associated with the Supplier it or its Sub-Contractors or other persons who are responsible for supplying the Goods and/or Services in connection with this Framework AgreementCall Off Contract. The Supplier shall provide such supporting evidence of compliance as the Authority Customer may reasonably request; and
37.3.4 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 Supplier's behalf from committing a Prohibited Act.
37.4 . The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of any breach of Clause 37.148.1, or has reason to believe that it has or any of the Supplier Personnel has:
37.4.1 have: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
37.4.2 ; 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 on the grounds of a Prohibited Act; and/or
37.4.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of this Framework Agreement Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with this Framework Agreement Call Off Contract has committed or attempted to commit a Prohibited Act.
37.5 . If the Supplier makes a notification to the Authority Customer pursuant to Clause 37.448.4, 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 15 19 (Records, Audit Access and Open Book Data).
37.6 . If the Supplier breaches Clause 37.148.3, the Authority Customer may by notice:
37.6.1 : require the Supplier to remove from the performance of this Framework Agreement Call Off Contract any Supplier Personnel whose acts or omissions have caused the Supplier’s breach; or
37.6.2 or immediately terminate this Framework Agreement Call Off Contract for material Default.
37.7 . Any notice served by the Authority Customer under Clause 37.6 48.4 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 Framework Agreement Call Off Contract shall terminate).
Appears in 1 contract
Samples: Call Off Contract
