PROHIBITED PRACTICES. (a) For the purposes of this Contract, “Prohibited Practice” shall be understood to include the following practices: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the Bank Group into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s rights of audit or access to information provided in the Contract. (b) If, under the provisions of Articles 6.01 (g) and 6.02 (b) of these General Conditions it is determined, in accordance with the Bank's sanctions procedures, that the Borrower, Executing Agency or an employee, agent or representative of these, has engaged in a Prohibited Practice, the Bank may: (i) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its behavior; (ii) declare any entity or individual engaged in a Prohibited Practice ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-consultant, sub-contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract; (iii) refer the matter to appropriate law enforcement authorities; and/or (iv) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. (c) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public. (d) The Borrower, Executing Agency or an employee, agent or representative of these, may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
Appears in 4 contracts
Samples: Loan Contract, Loan Contract, Loan Contract
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (1) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.to
Appears in 2 contracts
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (i) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) may be subject to sanctions pursuant to agreements that the Bank may have with other international financial financing institutions regarding the mutual enforcement of debarment decisions. For purposes of this sub-paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s financing institution applicable framework for addressing allegations of Prohibited Practices.
Appears in 2 contracts
Samples: Grant Agreement, Non Reimbursable Technical Cooperation Agreement
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (Aaa) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (Bbb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the Contractthis Agreement.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(bb) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the Borrower, Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing Agency has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (Aaa) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (Bbb) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(bb) and in this Article 8(b), numerals (i) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) may be subject to sanctions pursuant to agreements that the Bank may have with other international financial financing institutions regarding the mutual enforcement of debarment decisions. For purposes of this sub-paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s financing institution applicable framework for addressing allegations of Prohibited Practices.
Appears in 2 contracts
Samples: Technical Cooperation Agreement, Technical Cooperation Agreement
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the improperlythe actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (Aaa) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (Bbb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the Contractthis Agreement.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(bb) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub- contractors, sub-consultants, goods and service providers, concessionaires, the Borrower, Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing Agency has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (Aaa) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (Bbb) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(bb) and in this Article 8(b), numerals (i) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) may be subject to sanctions pursuant to agreements that the Bank may have with other international financial financing institutions regarding the mutual enforcement of debarment decisions. For purposes of this sub-paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s financing institution applicable framework for addressing allegations of Prohibited Practices.
Appears in 2 contracts
Samples: Technical Cooperation Agreement, Letter of Agreement
PROHIBITED PRACTICES. (a) For the purposes of this Contract, a “Prohibited Practice” shall be understood to include the following practicesacts: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” ”, is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Articles 8.01(c), 8.02(e) and 8.04(g) of audit or access to information provided in the Contractthese General Conditions.
(b) If, under In addition to the provisions of established in Articles 6.01 (g6.01(g) and 6.02 (b6.02(b) of these General Conditions Conditions, if it is determined, determined in accordance with the sanctions procedures of the Bank's sanctions procedures, that a firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, irrespective of whether their authority has been formally or representative of these, implicitly granted) has engaged in a Prohibited PracticePractice at any stage during the procurement process or during the execution of a contract, the Bank may:
(i) not finance any proposal to award a contract for works, goods, and related services or for consultant services;
(ii) determine that a contract will not be eligible for Bank financing whenever there is evidence that the Borrower, the Executing Agency or the Contracting Agency has not taken adequate remedial measures (including, inter alia, providing adequate notice to the Bank upon learning of the commission of the Prohibited Practice) within a period of time the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice a reprimand in the form of a formal letter of censure for its behavior;
(iiiv) declare any that a firm, entity or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-consultant, sub-sub- contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of other sanctions set forth in Article 6.01(g), Article 6.02(b) and Article 6.03(b)(i) to (v).
(c) The provisions of Article 6.01(g) and Article 6.03(b)(i) will also be applicable in cases where firms, entities or individuals have been declared temporarily ineligible for the awarding of additional contracts pending the final outcome of a sanction proceeding, or other resolution.
(d) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public.
(de) The Any firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, (irrespective of whether the agency is express or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
(f) When a Borrower procures works, goods or related services directly from a specialized agency or hires a specialized agency to provide consulting services using resources of the Financing, under an agreement between the Borrower and such specialized agency, all provisions under this Contract regarding sanctions and Prohibited Practices shall apply in their entirety to applicants, bidders, suppliers, contractors, consulting firms or individual consultants, personnel, sub-contractors, sub-consultants, service providers, concessionaires (including their respective officers, employees and agents, irrespective of whether the agency is express or implied ), or to any other entities that have signed contracts with such specialized agency to supply works, goods and related services, in connection with the Bank-financed activities. The Bank reserves the right to require the Borrower to invoke remedies such as suspension or termination. The Borrower agrees that contracts with specialized agencies shall include provisions requiring them to consult the Bank’s list of firms and individuals debarred, either temporarily or permanently by the Bank. In the event a specialized agency signs a contract or purchase order with a firm or an individual temporarily or permanently debarred by the Bank, the Bank will not finance the related expenditures and will apply other remedies as appropriate.
Appears in 1 contract
Samples: Loan Contract
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (i) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency or an employee(including their respective officers, agent or representative of theseemployees, may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.and agents,
Appears in 1 contract
Samples: Grant Agreement
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (i) through (v).
(c) The imposition provisions of any action to Article 7(c)(i) and Article 8(b)(i) shall be taken by applicable in cases where the Bank pursuant to parties have been declared temporarily ineligible for the provisions referred to above will be made publicaward of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The Borrower, Executing Agency or an employee, agent or representative of these, may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
Appears in 1 contract
Samples: Technical Cooperation Agreement
PROHIBITED PRACTICES. (a) For the purposes of this Contract, a “Prohibited Practice” shall be understood to include the following practicesacts: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” ”, is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Articles 7.01(c), 7.02(e) and 7.04(g) of audit or access to information provided in the Contractthese General Conditions.
(b) If, under In addition to the provisions of established in Articles 6.01 (g5.01(g) and 6.02 (b5.02(b) of these General Conditions Conditions, if it is determined, determined in accordance with the sanctions procedures of the Bank's sanctions procedures, that a firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, irrespective of whether their authority has been formally or representative of these, implicitly granted) has engaged in a Prohibited PracticePractice at any stage during the procurement process or during the execution of a contract, the Bank may:
(i) not finance any proposal to award a contract for works, goods, and related services or for consultant services;
(ii) determine that a contract will not be eligible for Bank financing whenever there is evidence that the Borrower, the Executing Agency or the Contracting Agency has not taken adequate remedial measures (including, inter alia, providing adequate notice to the Bank upon learning of the commission of the Prohibited Practice) within a period of time the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice a reprimand in the form of a formal letter of censure for its behavior;
(iiiv) declare any that a firm, entity or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-consultant, sub-sub- contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of other sanctions set forth in Article 5.01(g), Article 6.02(b) and Article 5.03(b)(i) to (v).
(c) The provisions of Article 5.01(g) and Article 5.03(b)(i) will also be applicable in cases where firms, entities or individuals have been declared temporarily ineligible for the awarding of additional contracts pending the final outcome of a sanction proceeding, or other resolution.
(d) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public.
(de) The Any firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, (irrespective of whether the agency is express or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
(f) When a Borrower procures works, goods or related services directly from a specialized agency or hires a specialized agency to provide consulting services using resources of the Financing, under an agreement between the Borrower and such specialized agency, all provisions under this Contract regarding sanctions and Prohibited Practices shall apply in their entirety to applicants, bidders, suppliers, contractors, consulting firms or individual consultants, personnel, sub-contractors, sub-consultants, service providers, concessionaires (including their respective officers, employees and agents, irrespective of whether the agency is express or implied ), or to any other entities that have signed contracts with such specialized agency to supply works, goods and related services, in connection with the Bank-financed activities. The Bank reserves the right to require the Borrower to invoke remedies such as suspension or termination. The Borrower agrees that contracts with specialized agencies shall include provisions requiring them to consult the Bank’s list of firms and individuals debarred, either temporarily or permanently by the Bank. In the event a specialized agency signs a contract or purchase order with a firm or an individual temporarily or permanently debarred by the Bank, the Bank will not finance the related expenditures and will apply other remedies as appropriate.
Appears in 1 contract
Samples: Loan Contract
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 7.02 and 7.03of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g5.01(c)(i) and 6.02 (b5.01(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is expressed or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing Agency has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank- financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 5.01(c)(i), in Article 5.01(c)(ii)(B) and in this Article 5.02(b), numerals (i) through (v).
(c) The provisions of Article 5.01(c)(i) and Article 5.02(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency or an employee, agent or representative of these, may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.including their respective officers,
Appears in 1 contract
Samples: Non Reimbursable Financing Agreement
PROHIBITED PRACTICES. (a) For the purposes of this Contract, a “Prohibited Practice” shall be understood to include the following practicesacts: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” ”, is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Articles 8.01(c), 8.02(e) and 8.04(g) of audit or access to information provided in the Contractthese General Conditions.
(b) If, under In addition to the provisions of established in Articles 6.01 (g6.01(g) and 6.02 (b6.02(b) of these General Conditions Conditions, if it is determined, determined in accordance with the sanctions procedures of the Bank's sanctions procedures, that a firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, irrespective of whether their authority has been formally or representative of these, implicitly granted) has engaged in a Prohibited PracticePractice at any stage during the procurement process or during the execution of a contract, the Bank may:
(i) not finance any proposal to award a contract for works, goods, and related services or for consultant services;
(ii) determine that a contract will not be eligible for Bank financing whenever there is evidence that the Borrower, the Executing Agency or the Contracting Agency has not taken adequate remedial measures (including, inter alia, providing adequate notice to the Bank upon learning of the commission of the Prohibited Practice) within a period of time the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice a reprimand in the form of a formal letter of censure for its behavior;
(iiiv) declare any that a firm, entity or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-consultant, sub-contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of other sanctions set forth in Article 6.01(g), Article 6.02(b) and Article 6.03(b)(i) to (v).
(c) The provisions of Article 6.01(g) and Article 6.03(b)(i) will also be applicable in cases where firms, entities or individuals have been declared temporarily ineligible for the awarding of additional contracts pending the final outcome of a sanction proceeding, or other resolution.
(d) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public.
(de) The Any firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Borrower, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, (irrespective of whether the agency is express or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
(f) When a Borrower procures works, goods or related services directly from a specialized agency or hires a specialized agency to provide consulting services using resources of the Financing, under an agreement between the Borrower and such specialized agency, all provisions under this Contract regarding sanctions and Prohibited Practices shall apply in their entirety to applicants, bidders, suppliers, contractors, consulting firms or individual consultants, personnel, sub-contractors, sub-consultants, service providers, concessionaires (including their respective officers, employees and agents, irrespective of whether the agency is express or implied ), or to any other entities that have signed contracts with such specialized agency to supply works, goods and related services, in connection with the Bank-financed activities. The Bank reserves the right to require the Borrower to invoke remedies such as suspension or termination. The Borrower agrees that contracts with specialized agencies shall include provisions requiring them to consult the Bank’s list of firms and individuals debarred, either temporarily or permanently by the Bank. In the event a specialized agency signs a contract or purchase order with a firm or an individual temporarily or permanently debarred by the Bank, the Bank will not finance the related expenditures and will apply other remedies as appropriate.
Appears in 1 contract
Samples: Letter of Agreement for an Individual Operation Within the Line of Credit
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (i) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency (including their respective officers, employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.to
Appears in 1 contract
Samples: Technical Cooperation Agreement
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, “a Prohibited Practice” Practice shall be understood to include the following practices: (i) a “corrupt practice”, ” is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, ” is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, ” is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is ” is: (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights of audit or access to information provided in the ContractArticles 13(c), 14(g) and 15(e) of these General Conditions.
(b) If, under In addition to the provisions of in Articles 6.01 (g7(c)(i) and 6.02 (b7(c)(ii)(B) of these General Conditions Conditions, if it is determined, demonstrated that in accordance with the sanctions procedures of the Bank any firm, entity or individual bidding for or participating in a Bank's sanctions procedures-financed activity including, that inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, goods and service providers, concessionaires, the BorrowerBeneficiary or the Executing Agencies (including their respective officers, Executing Agency employees, and agents, irrespective of whether the agency is express or an employee, agent or representative of these, implied) has engaged in a Prohibited Practice, during any stage of the procurement process or during the execution of a contract, the Bank may:
(i) decline to finance any proposal to award a contract for the procurement of works, goods, related services and the contracting of consultant services;
(ii) declare a procurement ineligible for Bank financing, when there is evidence that the representative of the Beneficiary or the Executing has not taken the adequate remedial measures (including, among other things, adequate notice to the Bank upon learning of the Prohibited Practice) within a time period which the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice in the form of a formal letter of censure for its of the firm’s, entity’s or individual’s behavior;
(iiiv) declare any entity that a firm, entity, or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities Bank-financed by the Bank; activities, and (B) be a nominated designated sub-consultant, sub-contractor, or goods and services supplier or service provider of an otherwise eligible firm being awarded a contract to execute Bank-financed contractactivities;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to of the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of the sanctions mentioned in Article 7(c)(i), in Article 7(c)(ii)(B) and in this Article 8(b), numerals (1) through (v).
(c) The provisions of Article 7(c)(i) and Article 8(b)(i) shall be applicable in cases where the parties have been declared temporarily ineligible for the award of new contracts pending a final decision of a sanction proceeding, or otherwise.
(d) The imposition of any action measure to be taken by the Bank pursuant to the provisions referred to above will may be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in a Bank-financed activity including, inter alia, applicants, bidders, contractors, consulting firms and individual consultants, personnel, sub-contractors, sub-consultants, providers of goods or services, concessionaires, the Beneficiary or the Executing Agency or an employee(including their respective officers, agent or representative of theseemployees, may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (d) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.and agents,
Appears in 1 contract
Samples: Grant Agreement
PROHIBITED PRACTICES. (a) For the purposes of this Contract, a “Prohibited Practice” shall be understood to include the following practicesacts: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” ”, is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Articles 7.01(c), 7.02(e) and 7.04(g) of audit or access to information provided in the Contractthese General Conditions.
(b) If, under In addition to the provisions of established in Articles 6.01 (g5.01(e) and 6.02 (b5.02(b) of these General Conditions Conditions, if it is determined, determined in accordance with the sanctions procedures of the Bank's sanctions procedures, that a firm, entity or individual bidding for or participating in an activity financed by the BorrowerBank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Beneficiary, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, irrespective of whether their authority has been formally or representative of these, implicitly granted) has engaged in a Prohibited PracticePractice at any stage during the procurement process or during the execution of a contract, the Bank may:
(i) not finance any proposal to award a contract for works, goods, and related services or for consultant services;
(ii) determine that a contract will not be eligible for Bank financing whenever there is evidence that the Beneficiary, the Executing Agency or the Contracting Agency has not taken adequate remedial measures (including, inter alia, providing adequate notice to the Bank upon learning of the commission of the Prohibited Practice) within a period of time the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice a reprimand in the form of a formal letter of censure for its behavior;
(iiiv) declare any that a firm, entity or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-sub- consultant, sub-contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of other sanctions set forth in Article 5.01(e), Article 5.02(b) and Article 5.03(b)(i) to (v).
(c) The provisions of Article 5.01(e) and Article 5.03(b)(i) will also be applicable in cases where firms, entities or individuals have been declared temporarily ineligible for the awarding of additional contracts pending the final outcome of a sanction proceeding, or other resolution.
(d) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Beneficiary, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, (irrespective of whether the agency is express or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
(f) When a Beneficiary procures works, goods or related services directly from a specialized agency or hires a specialized agency to provide consulting services using resources of the Financing, under an agreement between the Beneficiary and such specialized agency, all provisions under this Agreement regarding sanctions and Prohibited Practices shall apply in their entirety to applicants, bidders, suppliers, contractors, consulting firms or individual consultants, personnel, sub-contractors, sub-consultants, service providers, concessionaires (including their respective officers, employees and agents, irrespective of whether the agency is express or implied ), or to any other entities that have signed contracts with such specialized agency to supply works, goods and related services, in connection with the Bank-financed activities. The Bank reserves the right to require the Beneficiary to invoke remedies such as suspension or termination. The Beneficiary agrees that contracts with specialized agencies shall include provisions requiring them to consult the Bank’s list of firms and individuals debarred, either temporarily or permanently by the Bank. In the event a specialized agency signs a contract or purchase order with a firm or an individual temporarily or permanently debarred by the Bank, the Bank will not finance the related expenditures and will apply other remedies as appropriate.
Appears in 1 contract
Samples: Non Reimbursable Financing Agreement
PROHIBITED PRACTICES. (a) For the purposes of this ContractAgreement, a “Prohibited Practice” shall be understood to include the following practicesacts: (i) a “corrupt practice”, is the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another party; (ii) a “fraudulent practice”, is any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; (iii) a “coercive practice”, is impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly influence the actions of a party; (iv) a “collusive practice” ”, is an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party; and (v) an “obstructive practice”, is (A) deliberately destroying, falsifying, altering or concealing evidence material to the investigation or making false statements to investigators in order to materially impede an investigation by the a Bank Group investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or (B) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under Article 7.01(c), 7.02(e) and 7.04(g) of audit or access to information provided in the Contractthese General Conditions.
(b) If, under In addition to the provisions of established in Articles 6.01 (g5.01(g) and 6.02 (b5.02(b) of these General Conditions Conditions, if it is determined, determined in accordance with the sanctions procedures of the Bank's sanctions procedures, that a firm, entity or individual bidding for or participating in an activity financed by the BorrowerBank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Beneficiary, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, irrespective of whether their authority has been formally or representative of these, implicitly granted) has engaged in a Prohibited PracticePractice at any stage during the procurement process or during the execution of a contract, the Bank may:
(i) not finance any proposal to award a contract for works, goods, and related services or for consultant services;
(ii) determine that a contract will not be eligible for Bank financing whenever there is evidence that the Beneficiary, the Executing Agency or the Contracting Agency has not taken adequate remedial measures (including, inter alia, providing adequate notice to the Bank upon learning of the commission of the Prohibited Practice) within a period of time the Bank considers reasonable;
(iii) issue a reprimand against the firm, entity or individual engaged in the Prohibited Practice a reprimand in the form of a formal letter of censure for its behavior;
(iiiv) declare any that a firm, entity or individual engaged in a Prohibited Practice is ineligible, either permanently or for a stated period of time, to (A) be awarded or participate in contracts under activities financed by the Bank; and (B) be a nominated sub-sub- consultant, sub-contractor, supplier or service provider of an otherwise eligible firm being awarded a Bank-financed contract;
(iiiv) refer the matter to appropriate law enforcement authorities; and/or
(ivvi) impose other sanctions that it deems to be appropriate under the circumstances, including the full or partial repayment to the Bank of any amount of the Contribution unduly paid, or the imposition of fines representing reimbursement to the Bank for costs associated with investigations and proceedings. Such other sanctions may be imposed in addition to or in lieu of other sanctions set forth in Article 5.01(g), Article 5.02(b) and Article 5.03(b)(i) to (v).
(c) The provisions of Article 5.01(g) and Article 5.03(b)(i) will also be applicable in cases where firms, entities or individuals have been declared temporarily ineligible for the awarding of additional contracts pending the final outcome of a sanction proceeding, or other resolution.
(d) The imposition of any action to be taken by the Bank pursuant to the provisions referred to above will be made public.
(de) The BorrowerAny firm, entity or individual bidding for or participating in an activity financed by the Bank, including, inter alia, applicants, bidders, suppliers, contractors, consulting firms and individual consultants, personnel, subcontractors, sub-consultants, service providers, concessionaires, the Beneficiary, the Executing Agency or an employeethe Contracting Agency (including their respective officers, agent employees and agents, (irrespective of whether the agency is express or representative of these, implied) may be subject to sanctions pursuant to agreements the Bank may have with other international financial institutions regarding the mutual enforcement of debarment decisions. For purposes of this paragraph (de) the term “sanction” shall mean any permanent debarment, conditions on future contracting or any publicly-disclosed action taken in response to a violation of an international financial institution’s applicable framework for addressing allegations of Prohibited Practices.
(f) When a Beneficiary procures works, goods or related services directly from a specialized agency or hires a specialized agency to provide consulting services using resources of the Financing, under an agreement between the Beneficiary and such specialized agency, all provisions under this Agreement regarding sanctions and Prohibited Practices shall apply in their entirety to applicants, bidders, suppliers, contractors, consulting firms or individual consultants, personnel, sub-contractors, sub-consultants, service providers, concessionaires (including their respective officers, employees and agents, irrespective of whether the agency is express or implied ), or to any other entities that have signed contracts with such specialized agency to supply works, goods and related services, in connection with the Bank-financed activities. The Bank reserves the right to require the Beneficiary to invoke remedies such as suspension or termination. The Beneficiary agrees that contracts with specialized agencies shall include provisions requiring them to consult the Bank’s list of firms and individuals debarred, either temporarily or permanently by the Bank. In the event a specialized agency signs a contract or purchase order with a firm or an individual temporarily or permanently debarred by the Bank, the Bank will not finance the related expenditures and will apply other remedies as appropriate.
Appears in 1 contract
Samples: Non Reimbursable Financing Agreement
