PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 The Supplier shall not: 11.1.1 commit a Prohibited Act; and/or 11.1.2 do or suffer anything to be done which would cause the Authority or any of its 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. 11.2 The Supplier shall, during the Term of this Framework Agreement: 11.2.1 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; and 11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 and make such records available to the Authority on request. 11.3 The Supplier shall immediately notify the Authority in writing if it becomes aware of a breach of this clause 11 or has reason to believe that it has or any of the Staff have: 11.3.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act; 11.3.2 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 11.3.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services or otherwise suspects that any person directly or indirectly connected with the performance of Services has committed or attempted to commit a Prohibited Act. 11.4 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 connection with any breach, or suspected breach of this clause 10. 11.5 If the Supplier is in Default under clause 11.1, the Authority may by notice: 11.5.1 require the Supplier to remove from performance of Services any Staff whose acts or omissions have caused the Default; or 11.5.2 immediately terminate this Framework Agreement. 11.6 Any notice served by the Authority under clause 11.5 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 taken (including, where relevant, the date on which the Contract shall terminate). 11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 3 contracts
Sources: Framework Agreement, Framework Agreement, Framework Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 46.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 46.1.1 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
46.1.2 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.
46.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
46.2.1 commit a Prohibited Act; and/or
11.1.2 46.2.2 do or suffer anything to be done which would cause the Authority DFID or any of its DFID’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.
11.2 46.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 46.3.1 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; and;
11.2.2 46.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 46.3.1 and make such records available to the Authority DFID on request.
11.3 46.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 46.1 and/or Clause 46.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub‐Contractors, or any person acting on their behalf have:
11.3.1 46.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 46.4.2 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
11.3.3 46.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 46.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authority’s enquiriesbest of its knowledge, co-operate with that neither the Supplier, Supplier Personnel, servants, agents or Sub‐Contractors, or any investigationperson acting on their behalf:
46.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
46.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
46.6 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.
46.7 Where the Supplier or Supplier Personnel, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 46.5 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:
46.7.1 to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
46.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
46.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this clause 10Clause 46, whether or not the Contract is terminated.
11.5 If 46.8 DFID , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 3 contracts
Sources: Contract for Propcom Maikarfi, Supplier Services Contract, Supplier Services Contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 48.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 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
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.
48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
48.2.1 commit a Prohibited Act; and/or
11.1.2 48.2.2 do or suffer anything to be done which would cause the Authority DFID or any of its DFID’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.
11.2 48.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 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; and;
11.2.2 48.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 48.3.1 and make such records available to the Authority DFID on request.
11.3 48.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 48.1 and/or Clause 48.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
11.3.1 48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 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
11.3.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 48.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authority’s enquiriesbest of its knowledge, cothat neither the Supplier, Supplier Personnel, servants, agents or Sub-operate with Contractors, or any investigationperson acting on their behalf:
48.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation 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 or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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 suspected 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 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 10Clause 48, whether or not the Contract is terminated.
11.5 If 48.8 DFID , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 3 contracts
Sources: Contract for Supplier Services, Supplier Services Contract, Contract for Programme of Implementation Research
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 32.1 The Supplier shall notrepresents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, servants, agents or sub-contractors, or any person acting on their behalf, have at any time prior to the Commencement Date:
11.1.1 (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
(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.
32.2 The Supplier, their servants, agents or sub-contractors, or any person acting on their behalf shall not during the term of this Contract:
(a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the Authority DFID or any of its DFID’s employees, consultants, contractorssuppliers, subSub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
11.2 32.3 The Supplier shall, shall during the Term term of this Framework AgreementContract:
11.2.1 (a) establish, maintain and enforce, and require that its subSub-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;
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 32.3(a) and make such records available to the Authority DFID on request.
11.3 32.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 32.1 and/or 32.2, or has reason to believe that it has or any of the Staff Supplier’s Personnel, servants, agents or sub-contractors, or any person acting on their behalf have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 32.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authoritybest of its knowledge, that neither the Supplier, Supplier’s enquiriesPersonnel, coservants, agents or sub-operate with contractors, or any investigationperson acting on their behalf:
(a) has given, and allow offered or agreed to give or accepted, any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
(b) has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier's Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
32.6 Neither the Supplier, Supplier’s Personnel, servants, agents or sub-contractors, 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 Contract.
32.7 Where the Supplier or any of its employees, servants, agents or sub-contractors, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 32.2 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:
(a) to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any loss resulting from the termination;
(b) to recover from the Supplier the amount or value of any such gift, consideration or commission;
(c) to recover from the Supplier any other loss sustained as a result of any breach of this clause 10Clause 32, whether or not the Contract is terminated.
11.5 If 32.8 DFID and the Supplier is will immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the successful implementation of the project, whether financed in Default under clause 11.1full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID have an expert fraud investigation unit, that should be contacted in the Authority may by notice:
11.5.1 require first instance at ▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (▇)▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be treated with the Supplier to remove from performance of Services any Staff whose acts or omissions have caused the Default; or
11.5.2 immediately terminate this Framework Agreementutmost confidentiality.
11.6 Any notice served by 32.9 When exercising its rights or remedies under this Clause DFID shall:-
(a) act proportionately in the Authority under clause 11.5 shall specify the nature light of the Prohibited Act, the identity gravity and circumstances of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken particular breach; and
(includingb) give all due consideration, where relevantappropriate, the date on which the Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authorityuse of remedies other than termination of the Contract.
Appears in 3 contracts
Sources: Supplier Services Contract, Supplier Services Contract, Consultancy Services Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 48.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 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
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.
48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
48.2.1 commit a Prohibited Act; and/or
11.1.2 48.2.2 do or suffer anything to be done which would cause the Authority FCDO or any of its FCDO’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.
11.2 48.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 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; and;
11.2.2 48.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 48.3.1 and make such records available to the Authority FCDO on request.
11.3 48.4 The Supplier shall immediately notify the Authority FCDO in writing if it becomes aware of a any breach of this clause 11 Clause 48.1 and/or Clause 48.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
11.3.1 48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 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
11.3.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 48.5 The Supplier shall respond promptly warrants and represents to FCDO that to the Authority’s enquiriesbest of its knowledge, cothat neither the Supplier, Supplier Personnel, servants, agents or Sub-operate with Contractors, or any investigationperson acting on their behalf:
48.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation 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 or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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 suspected 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 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 10Clause 48, whether or not the Contract is terminated.
11.5 If 48.8 FCDO , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by FCDO, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. FCDO has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 2 contracts
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not:
11.1.1 not during the Call Off Contract Period: commit a Prohibited Act; and/or
11.1.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of its the Customer’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.
11.2 . The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Call Off Contract Period: establish, maintain and enforce, and require that its subSub-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
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 50.3.1 and make such records available to the Authority Customer on request.
11.3 ; if so required by the Customer, within twenty (20) Working Days of the Call Off Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and/or Services in connection with this Call Off Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of a any breach of this clause 11 Clause 50.1, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Call Off Contract has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Customer pursuant to Clause 50.4, the Supplier shall respond promptly to the Authority’s Customer's enquiries, co-operate with any investigation, and allow the Authority Customer to Audit audit any books, records and/or any other relevant documentation in connection accordance with any breachClause 21 (Records, or suspected breach of this clause 10.
11.5 Audit Access and Open Book Data). If the Supplier is in Default under clause 11.1breaches Clause 50.3, the Authority Customer may by notice:
11.5.1 : require the Supplier to remove from performance of Services this Call Off Contract any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Call Off Contract for material Default. Any notice served by the Authority Customer under clause 11.5 Clause 50.4 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has taken elected to take (including, where relevant, the date on which the this Call Off Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 2 contracts
Sources: Call Off Contract, Call Off Contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not:
11.1.1 not during the Call Off Contract Period: commit a Prohibited Act; and/or
11.1.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of its the Customer’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.
11.2 . The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Call Off Contract Period: establish, maintain and enforce, and require that its subSub-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
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 49.3.1 and make such records available to the Authority Customer on request.
11.3 ; if so required by the Customer, within twenty (20) Working Days of the Call Off Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and/or Services in connection with this Call Off Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of a any breach of this clause 11 Clause 49.1, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Call Off Contract has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Customer pursuant to Clause 49.4, the Supplier shall respond promptly to the Authority’s Customer's enquiries, co-operate with any investigation, and allow the Authority Customer to Audit audit any books, records and/or any other relevant documentation in connection accordance with any breachClause 21 (Records, or suspected breach of this clause 10.
11.5 Audit Access and Open Book Data). If the Supplier is in Default under clause 11.1breaches Clause 49.3, the Authority Customer may by notice:
11.5.1 : require the Supplier to remove from performance of Services this Call Off Contract any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Call Off Contract for breach of condition. Any notice served by the Authority Customer under clause 11.5 Clause 49.4 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has taken elected to take (including, where relevant, the date on which the this Call Off Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 2 contracts
Sources: Call Off Agreement, Call Off Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 46.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 46.1.1 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
46.1.2 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.
46.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
46.2.1 commit a Prohibited Act; and/or
11.1.2 46.2.2 do or suffer anything to be done which would cause the Authority DFID or any of its DFID’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.
11.2 46.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 46.3.1 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; and;
11.2.2 46.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 46.3.1 and make such records available to the Authority DFID on request.
11.3 46.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 46.1 and/or Clause 46.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub‐Contractors, or any person acting on their behalf have:
11.3.1 46.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 46.4.2 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
11.3.3 46.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 46.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authority’s enquiriesbest of its knowledge, co-operate with that neither the Supplier, Supplier Personnel, servants, agents or Sub‐Contractors, or any investigationperson acting on their behalf:
46.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
46.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
46.6 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.
46.7 Where the Supplier or Supplier Personnel, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 46.5 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:
46.7.1 to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
46.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
46.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this clause 10Clause 46, whether or not the Contract is terminated.
11.5 If 46.8 DFID , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 2 contracts
Sources: Supplier Services Contract, Supplier Services Contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not:
11.1.1 not during the Call Off Contract Period: commit a Prohibited Act; and/or
11.1.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of its the Customer’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.
11.2 . The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Call Off Contract Period: establish, maintain and enforce, and require that its subSub-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
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 50.3.1 and make such records available to the Authority Customer on request.
11.3 ; if so required by the Customer, within twenty (20) Working Days of the Call Off Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and Services in connection with this Call Off Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of a any breach of this clause 11 Clause 50.1, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Call Off Contract has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Customer pursuant to Clause 50.4, the Supplier shall respond promptly to the Authority’s Customer's enquiries, co-operate with any investigation, and allow the Authority Customer to Audit audit any books, records and/or any other relevant documentation in connection accordance with any breachClause 20. (Records, or suspected breach of this clause 10.
11.5 Audit Access and Open Book Data). If the Supplier is in Default under clause 11.1breaches Clause 50.3, the Authority Customer may by notice:
11.5.1 : require the Supplier to remove from performance of Services this Call Off Contract any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Call Off Contract for material Default. Any notice served by the Authority Customer under clause 11.5 Clause 50.4 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has taken elected to take (including, where relevant, the date on which the this Call Off Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 48.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 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
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.
48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
48.2.1 commit a Prohibited Act; and/or
11.1.2 48.2.2 do or suffer anything to be done which would cause the Authority FCDO or any of its FCDO’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.
11.2 48.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 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; and;
11.2.2 48.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 48.3.1 and make such records available to the Authority FCDO on request.
11.3 48.4 The Supplier shall immediately notify the Authority FCDO in writing if it becomes aware of a any breach of this clause 11 Clause 48.1 and/or Clause 48.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub‐Contractors, or any person acting on their behalf have:
11.3.1 48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 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
11.3.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 48.5 The Supplier shall respond promptly warrants and represents to FCDO that to the Authority’s enquiriesbest of its knowledge, co-operate with that neither the Supplier, Supplier Personnel, servants, agents or Sub‐Contractors, or any investigationperson acting on their behalf:
48.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation 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 or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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 suspected 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 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 10Clause 48, whether or not the Contract is terminated.
11.5 If 48.8 FCDO , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by FCDO, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. FCDO has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 1 contract
Sources: Supplier Services Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 The Supplier CRA represents and warrants that neither it, nor to the best of its knowledge any of its personnel, have at any time prior to the Effective Date: (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 (b) been listed by any Hong Kong government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Hong Kong government procurement programmes or contracts on the grounds of a Prohibited Act. The CRA shall not:
11.1.1 not during the term of this Agreement: (a) commit a Prohibited Act; and/or
11.1.2 and/or (b) do or suffer anything to be done which would cause the Authority Subscriber or any of its the Subscriber’s employees, consultants, contractors, subSub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
11.2 . The Supplier shall, CRA shall during the Term term of this Framework Agreement:
11.2.1 : (a) establish, maintain and enforce, and require that its subSub-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
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 this Clause 19 and make such records available to the Authority Subscriber on request.
11.3 ; and (c) take account of any guidance about preventing facilitation of tax evasion offences which may be published and updated. The Supplier CRA shall immediately notify the Authority Subscriber in writing if it becomes aware of a any breach of this clause 11 Clause 19, or has reason to believe that it has or any of the Staff its personnel have:
11.3.1 : (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; (b) been listed by any Hong Kong government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in Hong Kong government procurement programmes or contracts on the grounds of a Prohibited Act; and/or
11.3.3 and/or (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Agreement or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Agreement has committed or attempted to commit a Prohibited Act.
11.4 The Supplier . If the CRA notifies the Subscriber pursuant to Clause 19.4, the CRA shall respond promptly to the Authority’s Subscriber's enquiries, co-operate with any investigation, and allow the Authority Subscriber to Audit audit any books, records and/or any other relevant documentation in connection with any breach, or suspected breach of this clause 10.
11.5 documentation. If the Supplier CRA is in Default default under clause 11.1this Clause 19, the Authority Subscriber may by notice:
11.5.1 notice (a) require the Supplier CRA to remove from performance of Services this Agreement any Staff of its personnel whose acts or omissions have caused the Defaultdefault; or
11.5.2 or (b) immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 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 taken (including, where relevant, the date on which the Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Service Subscription Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 DMP Commencement Date:
40.2 The Supplier shall not:
11.1.1 not during the Dynamic Marketplace Period: commit a Prohibited Act; and/or
11.1.2 do or suffer anything to be done which would cause the Authority or any of its 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.
11.2 40.3 The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Dynamic Marketplace Period: 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; and;
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 and make such records available to the Authority on request.
11.3 40.4 The Supplier shall immediately notify the Authority in writing if it becomes aware of a any breach of this clause 11 Clauses 40.1, 40.2 and 40.3.2, or has reason to believe that it has or any of the Staff have:
11.3.1 Supplier Personnel has: been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Dynamic Marketplace Agreement or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Dynamic Marketplace Agreement has committed or attempted to commit a Prohibited Act.
11.4 The 40.5 If the Supplier makes a notification to the Authority pursuant to Clause 40.4, the Supplier shall respond promptly to the Authority’s 's enquiries, co-operate with any investigation, and allow the Authority to Audit audit any books, records and/or any other relevant documentation in connection accordance with any breachClause 18 (Records, or suspected breach of this clause 10Audit Access and Open Book Data).
11.5 40.6 If the Supplier is in Default under clause 11.1, breaches Clause 40.1 the Authority may by notice:
11.5.1 : require the Supplier to remove from the performance of Services this Dynamic Marketplace Agreement any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach; or
11.5.2 immediately terminate this Framework Agreement.
11.6 40.7 Any notice served by the Authority under clause 11.5 Clause 40.6 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 taken elected to take (including, where relevant, the date on which the Contract this Dynamic Marketplace Agreement shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Dynamic Marketplace Agreement for the Provision of Apprenticeship Training and Related Services
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 13.1 The Supplier Customer represents and warrants that neither it, nor to the best of its knowledge any of its staff, have at any time prior to the date of this Agreement:
(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
(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.
13.2 The Customer shall not, and shall procure that its staff shall not, during the term of this Agreement:
11.1.1 (a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the Authority College or any of its the College’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.
11.2 13.3 The Supplier shall, during the Term of this Framework Agreement:
11.2.1 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; and
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 and make such records available to the Authority on request.
11.3 The Supplier Customer shall immediately notify the Authority College in writing if it becomes aware of a any breach of this clause 11 13.1 and/or 13.2, or has reason to believe that it has or any of the Staff its staff have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Agreement or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Agreement has committed or attempted to commit a Prohibited Act.
11.4 The Supplier 13.4 If the Customer makes a notification to the College pursuant to clause 13.3, the Customer shall respond promptly to the Authority’s College's enquiries, co-operate with any investigation, and allow the Authority College to Audit audit any books, records and/or any other relevant documentation in connection with any breach, or suspected breach of this clause 10documentation.
11.5 13.5 If the Supplier is in Default under clause 11.1Customer breaches clauses 13.1 and/or 13.2, the Authority College may by notice:
11.5.1 require the Supplier to remove from performance of Services any Staff whose acts or omissions have caused the Default; or
11.5.2 notice immediately terminate this Framework Agreement.
11.6 13.6 Any notice served by the Authority College under clause 11.5 13.5 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority College believes has committed the Prohibited Act and the action that the Authority College has taken elected to take (including, where relevant, the date on which the Contract shall this Agreement will terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Services Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 Effective Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not:
11.1.1 not during the term of this Contract: commit a Prohibited Act; and/or
11.1.2 and/or do or suffer anything to be done which would cause the Authority Buyer or any of its the Buyer’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.
11.2 . The Supplier shall, shall during the Term term of this Framework Agreement:
11.2.1 Contract: establish, maintain and enforce, and require that its subSub-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
11.2.2 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 11.1.1 Clause 39.3(a) and make such records available to the Authority Buyer on request.
11.3 ; 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 Criminal Finances Act 2017. The Supplier shall immediately notify the Authority Buyer in writing if it becomes aware of a any breach of this clause 11 Clause 39.1 and/or 39.2, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Buyer pursuant to Clause 39.4, the Supplier shall respond promptly to the Authority’s Buyer's enquiries, co-operate with any investigation, and allow the Authority Buyer to Audit any books, records Records and/or any other relevant documentation in connection accordance with any breachClause 12 (Records, or suspected breach of this clause 10.
11.5 Reports, Audits and Open Book Data). If the Supplier is in Default under clause 11.1Clauses 39.1 and/or 39.2, the Authority Buyer may by notice:
11.5.1 : require the Supplier to remove from performance of Services this Contract any Staff Supplier Personnel whose acts or omissions have caused the Default; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Contract. Any notice served by the Authority Buyer under clause 11.5 Clause 39.6 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Buyer believes has committed the Prohibited Act and the action that the Authority Buyer has taken elected to take (including, where relevant, the date on which the this Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Call Off Terms
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 9.1 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 Effective Date:
(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
(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.
9.2 The Supplier shall notnot during the Term:
11.1.1 (a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the Authority Customer or any of its the Customer'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.
11.2 9.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 (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; and
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 9.3(a) and make such records available to the Authority Customer on request.
11.3 9.4 The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of a any breach of this clause 11 Clause 9.1 and/or 9.2, or has reason to believe that it has or any of the Staff Supplier personnel have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Agreement or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Agreement has committed or attempted to commit a Prohibited Act.
11.4 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 connection with any breach, or suspected breach of this clause 10.
11.5 9.5 If the Supplier is in Default default under clause 11.1Clauses 9.1 and/or 9.2, the Authority Customer may by noticenotice to the Supplier:
11.5.1 (a) require the Supplier to remove from performance of Services this Agreement any Staff Supplier personnel whose acts or omissions have caused the Defaultdefault; or
11.5.2 (b) immediately terminate this Framework Agreement.
11.6 9.6 Any notice served by the Authority Customer under clause 11.5 Clause 9.5 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has taken elected to take (including, where relevant, the date on which the Contract this Agreement shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Licence Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 48.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 commit 48.1.1 committed a Prohibited Act; and/or
11.1.2 do Act or suffer anything to be done which would cause the Authority or any of its 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.
11.2 The Supplier shall, during the Term of this Framework Agreement:
11.2.1 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; and
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 and make such records available to the Authority on request.
11.3 The Supplier shall immediately notify the Authority in writing if it becomes aware of a breach of this clause 11 or has reason to believe been formally notified that it has or any of the Staff have:
11.3.1 been is subject to an investigation or prosecution which relates to an alleged Prohibited Act;; and/or
11.3.2 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 Framework Agreement and/or any Call Down Contracts on the grounds of a Prohibited Act.
48.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
48.2.1 commit a Prohibited Act; and/or
48.2.2 do or suffer anything to be done which would cause FCDO or any of FCDO’s employees, consultants, suppliers, Sub- Agreement and/or any Call Down Contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
48.3 The Supplier shall during the Term:
48.3.1 establish, maintain and enforce, and require that its 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;
48.3.2 keep appropriate records of its compliance with its obligations under Clause 48.3.1 and make such records available to FCDO on request.
48.4 The Supplier shall immediately notify FCDO in writing if it becomes aware of any breach of Clause 48.1 and/or Clause 48.2, or has reason to believe that it has or any Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
48.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
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 Framework Agreement and/or any Call Down Contracts on the grounds of a Prohibited Act; and/or
11.3.3 48.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Agreement and/or any Call Down Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Agreement and/or any Call Down Contract has committed or attempted to commit a Prohibited Act.
11.4 48.5 The Supplier shall respond promptly warrants and represents to FCDO that to the Authority’s enquiriesbest of its knowledge, cothat neither the Supplier, Supplier Personnel, servants, agents or Sub-operate with any investigation, and allow the Authority to Audit any books, records Agreement and/or any other relevant documentation Call Down 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 Agreement and/or any Call Down Contract or for showing or forbearing to show favour or disfavour to any person or entity in relation to any Agreement and/or any Call Down Contract; or
48.5.2 has entered into any Agreement and/or any Call Down Contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier Personnel or on their behalf or to their knowledge unless, before such Agreement and/or any breachCall Down 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 Agreement and/or any Call Down Contract.
48.7 Where the Supplier or Supplier Personnel, or suspected 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 Agreement and/or any Call Down Contract or any other Agreement and/or any Call Down Contract with the Crown, FCDO shall be entitled:
48.7.1 to terminate the Agreement and/or any Call Down Contract with immediate effect by written notice to the 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 10Clause 48, whether or not the Agreement and/or any Call Down Contract is terminated.
11.5 If 48.8 FCDO, the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by FCDO, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. FCDO has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 1 contract
Sources: Call Down Contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 46.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 46.1.1 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
46.1.2 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.
46.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
46.2.1 commit a Prohibited Act; and/or
11.1.2 46.2.2 do or suffer anything to be done which would cause the Authority DFID or any of its DFID’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.
11.2 46.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 46.3.1 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; and;
11.2.2 46.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 46.3.1 and make such records available to the Authority DFID on request.
11.3 46.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 46.1 and/or Clause 46.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
11.3.1 46.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 46.4.2 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
11.3.3 46.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 46.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authority’s enquiriesbest of its knowledge, cothat neither the Supplier, Supplier Personnel, servants, agents or Sub-operate with Contractors, or any investigationperson acting on their behalf:
46.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
46.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
46.6 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.
46.7 Where the Supplier or Supplier Personnel, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 46.5 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:
46.7.1 to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
46.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
46.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this clause 10Clause 46, whether or not the Contract is terminated.
11.5 If 46.8 DFID , the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 1 contract
Sources: Contract Amendment
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 Call Off Commencement Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; and/or been listed by any government department or agency as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmes or contracts on the grounds of a Prohibited Act. The Supplier shall not:
11.1.1 not during the Call Off Contract Period: commit a Prohibited Act; and/or
11.1.2 and/or do or suffer anything to be done which would cause the Authority Customer or any of its the Customer’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.
11.2 . The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Call Off Contract Period: establish, maintain and enforce, and require that its subSub-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
11.2.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 49.3.1 and make such records available to the Authority Customer on request.
11.3 ; if so required by the Customer, within twenty (20) Working Days of the Call Off Commencement Date, and annually thereafter, certify to the Customer in writing of the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Goods and/or Services in connection with this Call Off Contract. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and have, maintain and where appropriate enforce an anti-bribery policy (which shall be disclosed to the Customer on request) to prevent it and any Supplier Personnel or any person acting on the Supplier's behalf from committing a Prohibited Act. The Supplier shall immediately notify the Authority Customer in writing if it becomes aware of a any breach of this clause 11 Clause 49.1, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 ; 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
11.3.3 and/or received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Call Off Contract or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Call Off Contract has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Customer pursuant to Clause 49.4, the Supplier shall respond promptly to the Authority’s Customer's enquiries, co-operate with any investigation, and allow the Authority Customer to Audit audit any books, records and/or any other relevant documentation in connection accordance with any breachClause 20 (Records, or suspected breach of this clause 10.
11.5 Audit Access and Open Book Data). If the Supplier is in Default under clause 11.1breaches Clause 49.3, the Authority Customer may by notice:
11.5.1 : require the Supplier to remove from performance of Services this Call Off Contract any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Call Off Contract for material Default. Any notice served by the Authority Customer under clause 11.5 Clause 49.4 shall specify the nature of the Prohibited Act, the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and the action that the Authority Customer has taken elected to take (including, where relevant, the date on which the this Call Off Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Call Off Contract
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 44.1 The Supplier shall notrepresents 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 Commencement Date:
11.1.1 44.1.1 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
44.1.2 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.
44.2 The Supplier, Supplier Personnel, or any person acting on their behalf shall not during the Term:
44.2.1 commit a Prohibited Act; and/or
11.1.2 44.2.2 do or suffer anything to be done which would cause the Authority FCDO or any of its FCDO’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.
11.2 44.3 The Supplier shall, shall during the Term of this Framework AgreementTerm:
11.2.1 44.3.1 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; and;
11.2.2 44.3.2 keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 44.3.1 and make such records available to the Authority FCDO on request.
11.3 44.4 The Supplier shall immediately notify the Authority FCDO in writing if it becomes aware of a any breach of this clause 11 Clause 44.1 and/or Clause 44.2, or has reason to believe that it has or any of the Staff Supplier Personnel, servants, agents or Sub-Contractors, or any person acting on their behalf have:
11.3.1 44.4.1 been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 44.4.2 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
11.3.3 44.4.3 received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 44.5 The Supplier shall respond promptly warrants and represents to FCDO that to the Authority’s enquiriesbest of its knowledge, cothat neither the Supplier, Supplier Personnel, servants, agents or Sub-operate with Contractors, or any investigationperson acting on their behalf:
44.5.1 has given, and allow 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 Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
44.5.2 has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
44.6 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.
44.7 Where the Supplier or Supplier Personnel, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 44.5 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:
44.7.1 to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any Losses resulting from the termination;
44.7.2 to recover from the Supplier the amount or value of any such gift, consideration or commission;
44.7.3 to recover from the Supplier any other Losses sustained as a result of any breach of this clause 10Clause 44, whether or not the Contract is terminated.
11.5 If 44.8 FCDO, the Supplier is in Default under clause 11.1, the Authority may by notice:
11.5.1 require and the Supplier Personnel shall immediately and without undue delay inform each other of any event that interferes or threatens to remove from performance of Services any Staff whose acts or omissions have caused materially interfere with the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature successful delivery of the Prohibited ActServices, whether financed in full or in part by FCDO, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. FCDO has an expert fraud investigation unit, that should be contacted in the identity of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken first instance at ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (including, where relevant, the date on which the Contract shall terminate▇).
11.7 Any termination under this clause 11 ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be without prejudice to any right or remedy which has already accrued or subsequently accrues to treated with the Authorityutmost confidentiality.
Appears in 1 contract
Sources: Contract for Supplier Services
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 The Supplier shall represents and warrants that neither it, nor to the best of its knowledge any of its staff or Sub-Contractors, have at any time prior to the Effective Date: committed a Prohibited Act or been formally notified that it is subject to an investigation or prosecution which relates to an alleged Prohibited Act; or been listed by any government department or Supplier as being debarred, suspended, proposed for suspension or debarment, or otherwise ineligible for participation in government procurement programmed or contracts on the grounds of a Prohibited Act. The Supplier must not:
11.1.1 : commit a Prohibited Act; and/or
11.1.2 or do or suffer anything to be done which would cause the Authority Customer or any of its the Customer’s employees, consultants, contractors, sub-contractors contractors, or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
11.2 . The Supplier shall, shall during the Term of this Framework Agreement:
11.2.1 Term: establish, maintain maintain, and enforce, and require that its subSub-contractors 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; and
11.2.2 . keep appropriate records of its compliance with its obligations under clause 11.1.1 32.3 (a) and make such records available to the Authority Customer on request.
11.3 . if so, required by the Customer, within 20 Working Days of the Effective Date, and annually thereafter, certify to the Customer in writing that the Supplier and all persons associated with it or its Sub-Contractors or other persons who are supplying the Services in connection with this Framework Agreement are compliant with the Relevant Requirements. The Supplier shall provide such supporting evidence of compliance as the Customer may reasonably request; and Have, maintain and (where appropriate) enforce an anti-bribery policy to prevent it and any Supplier staff or Sub-Contractors or any person acting on the Supplier’s behalf from committing a Prohibited Act. 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 a any breach of this clause 11 Clause 32.1, or has reason to believe that it has or any of the Staff Supplier staff or Sub-Contractors have:
11.3.1 : been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 . 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
11.3.3 . received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Framework Agreement; or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this Framework Agreement has committed or attempted to commit a Prohibited Act.
11.4 The . If the Supplier makes a notification to the Customer under to Clause 32.5, the Supplier shall respond promptly to the Authority’s Customer's enquiries, co-operate with any investigation, and allow the Authority Customer to Audit audit any books, records and/or any other relevant documentation in connection inaccordance with any breach, or suspected breach of this clause 10.
11.5 Clause 21 (Audit). If the Supplier is in Default under clause 11.1breaches Clause 32.5, the Authority Customer may by notice:
11.5.1 : require the Supplier to remove from performance of Services any Staff Supplier Personnel whose acts or omissions have caused the DefaultSupplier’s breach from any Project; or
11.5.2 or immediately terminate this Framework Agreement.
11.6 Agreement for material Default. Any notice served by the Authority Customer under clause 11.5 Clause 32.5 shall specify set out: the nature of the Prohibited Act, . the identity of the party Party who the Authority Customer believes has committed the Prohibited Act and Act. the action that the Authority Customer has taken (including, where elected to take; and if relevant, the date on which the Contract this Framework Agreement shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Framework Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 32.1 The Supplier shall notrepresents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, servants, agents or sub-contractors, or any person acting on their behalf, have at any time prior to the Commencement Date:
11.1.1 (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
(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.
32.2 The Supplier, their servants, agents or sub-contractors, or any person acting on their behalf shall not during the term of this Contract:
(a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the Authority DFID or any of its DFID’s employees, consultants, contractorssuppliers, subSub-contractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
11.2 32.3 The Supplier shall, shall during the Term term of this Framework AgreementContract:
11.2.1 (a) establish, maintain and enforce, and require that its subSub-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;
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 32.3(a) and make such records available to the Authority DFID on request.
11.3 32.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 32.1 and/or 32.2, or has reason to believe that it has or any of the Staff Supplier’s Personnel, servants, agents or sub-contractors, or any person acting on their behalf have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 32.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authoritybest of its knowledge, that neither the Supplier, Supplier’s enquiriesPersonnel, coservants, agents or sub-operate with contractors, or any investigationperson acting on their behalf:
(a) has given, and allow offered or agreed to give or accepted, any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the Authority obtaining or execution of any contract or for showing or forbearing to Audit show favour or disfavour to any books, records and/or person or entity in relation to any other relevant documentation contract; or
(b) has entered into any contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier's Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
32.6 Neither the Supplier, Supplier’s Personnel, servants, agents or sub-contractors, 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 Contract.
32.7 Where the Supplier or any of its employees, servants, agents or sub-contractors, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 32.2 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:
(a) to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any loss resulting from the termination;
(b) to recover from the Supplier the amount or value of any such gift, consideration or commission;
(c) to recover from the Supplier any other loss sustained as a result of any breach of this clause 10Clause 32, whether or not the Contract is terminated.
11.5 If 32.8 DFID and the Supplier is will immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the successful implementation of the project, whether financed in Default full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID have an expert fraud investigation unit, that should be contacted in the first instance at ▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (▇) ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be treated with the utmost confidentiality.
32.9 When exercising its rights or remedies under clause 11.1, the Authority may by noticethis Clause DFID shall:
11.5.1 require (a) act proportionately in the Supplier to remove from performance of Services any Staff whose acts or omissions have caused the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature light of the Prohibited Act, the identity gravity and circumstances of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken particular breach; and
(includingb) give all due consideration, where relevantappropriate, the date on which the Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authorityuse of remedies other than termination of the Contract.
Appears in 1 contract
Sources: Contract for Supplier Services
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 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 DPS Effective Date:
(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
(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.
35.2 The Supplier shall notnot during the term of this DPS Agreement or any Call-Off Agreement:
11.1.1 (a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the DPS Authority or any of its Service Recipient or any employees, consultants, contractors, 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.
11.2 35.3 The Supplier shall, shall during the Term term of this Framework DPS Agreement and any Call-Off Agreement:
11.2.1 (a) establish, maintain and enforce, and require that its subKey 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; and
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 35.3(a) and make such records available to the Authority DPS Authority, and Service Recipients on request.
11.3 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 a any breach of this clause 11 Clause 35.1 and/or 35.2, or has reason to believe that it has or any of the Staff Supplier Personnel have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this DPS Agreement or any Call-Off Agreement or otherwise suspects that any person or Party directly or indirectly connected with the performance of Services this DPS Agreement or any Call-Off Agreement has committed or attempted to commit a Prohibited Act.
11.4 The 35.5 If the Supplier makes a notification to the Concerned Parties pursuant to Clause 35.4, 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 any books, records Records and/or any other relevant documentation in connection accordance with any breachClause 7 (Records, or suspected breach of this clause 10Reports, Audits and Open Book Data).
11.5 35.6 If the Supplier is in Default under clause 11.1, Clauses 35.1 and/or 35.2 the DPS Authority may by notice:
11.5.1 (a) suspend the right of the Supplier to enter into Call-Off Agreements; and/or
(b) require the Supplier to remove from performance of Services this DPS Agreement any Staff Supplier Personnel whose acts or omissions have caused the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 35.7 Any notice served by the DPS Authority under clause 11.5 Clause 35.6 shall specify the nature of the Prohibited Act, the identity of the party Party who the DPS Authority (as applicable) believes has committed the Prohibited Act and the action that the DPS Authority has taken elected to take (including, where relevant, the date on which the Contract Supplier’s right to enter into Call-Off Agreements shall terminatebe suspended).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authority.
Appears in 1 contract
Sources: Dynamic Purchasing System Agreement
PREVENTION OF FRAUD AND ▇▇▇▇▇▇▇. 11.1 32.1 The Supplier shall notrepresents and warrants that neither it, nor to the best of its knowledge any Supplier Personnel, servants, agents or subcontractors, or any person acting on their behalf, have at any time prior to the Commencement Date:
11.1.1 (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
(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.
32.2 The Supplier, their servants, agents or subcontractors, or any person acting on their behalf shall not during the term of this Contract:
(a) commit a Prohibited Act; and/or
11.1.2 (b) do or suffer anything to be done which would cause the Authority DFID or any of its DFID’s employees, consultants, contractorssuppliers, sub-contractors Subcontractors or agents to contravene any of the Relevant Requirements or otherwise incur any liability in relation to the Relevant Requirements.
11.2 32.3 The Supplier shall, shall during the Term term of this Framework AgreementContract:
11.2.1 (a) establish, maintain and enforce, and require that its sub-contractors Subcontractors 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;
11.2.2 (b) keep appropriate records of its compliance with its obligations under clause 11.1.1 Clause 32.3(a) and make such records available to the Authority DFID on request.
11.3 32.4 The Supplier shall immediately notify the Authority DFID in writing if it becomes aware of a any breach of this clause 11 Clause 32.1 and/or 32.2, or has reason to believe that it has or any of the Staff Supplier’s Personnel, servants, agents or subcontractors, or any person acting on their behalf have:
11.3.1 (a) been subject to an investigation or prosecution which relates to an alleged Prohibited Act;
11.3.2 (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
11.3.3 (c) received a request or demand for any undue financial or other advantage of any kind in connection with the performance of Services this Contract or otherwise suspects that any person or party directly or indirectly connected with the performance of Services this Contract has committed or attempted to commit a Prohibited Act.
11.4 32.5 The Supplier shall respond promptly warrants and represents to DFID that to the Authoritybest of its knowledge, that neither the Supplier, Supplier’s enquiriesPersonnel, co-operate with servants, agents or subcontractors, or any investigationperson acting on their behalf:
(a) has given, and allow offered or agreed to give or accepted, any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the Authority to Audit obtaining or execution of any
(b) has entered into any books, records and/or any other relevant documentation contract in connection with which commission has been paid or agreed to be paid by or to the Supplier or Supplier's Personnel or on their behalf or to their knowledge unless, before such contract was made, particulars of any breachsuch 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.
32.6 Neither the Supplier, Supplier’s Personnel, servants, agents or subcontractors, 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, resale or similar payment or benefit in connection with this Contract.
32.7 Where the Supplier or any of its employees, servants, agents or subcontractors, or suspected any person acting on their behalf, does any of the acts mentioned in Clause 32.2 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:
(a) to terminate the Contract with immediate effect by written notice to the Supplier and recover from the Supplier the amount of any loss resulting from the termination;
(b) to recover from the Supplier the amount or value of any such gift, consideration or commission;
(c) to recover from the Supplier any other loss sustained as a result of any breach of this clause 10Clause 32, whether or not the Contract is terminated.
11.5 If 32.8 DFID and the Supplier is will immediately and without undue delay inform each other of any event that interferes or threatens to materially interfere with the successful implementation of the project, whether financed in Default full or in part by DFID, including credible suspicion of/or actual fraud, bribery, corruption or any other financial irregularity or impropriety. DFID have an expert fraud investigation unit, that should be contacted in the first instance at ▇▇▇▇▇@▇▇▇▇.▇▇▇.▇▇ or +▇▇ (▇) ▇▇▇▇ ▇▇▇▇▇▇. All suspicions will be treated with the utmost confidentiality.
32.9 When exercising its rights or remedies under clause 11.1, the Authority may by noticethis Clause DFID shall:
11.5.1 require (a) act proportionately in the Supplier to remove from performance of Services any Staff whose acts or omissions have caused the Default; or
11.5.2 immediately terminate this Framework Agreement.
11.6 Any notice served by the Authority under clause 11.5 shall specify the nature light of the Prohibited Act, the identity gravity and circumstances of the party who the Authority believes has committed the Prohibited Act and the action that the Authority has taken particular breach; and
(includingb) give all due consideration, where relevantappropriate, the date on which the Contract shall terminate).
11.7 Any termination under this clause 11 will be without prejudice to any right or remedy which has already accrued or subsequently accrues to the Authorityuse of remedies other than termination of the Contract.
Appears in 1 contract
Sources: Supplier Services Agreement