Bid conditions

The bid conditions should contain the following provisions:

• Anti-corruption commitment:  A commitment by both the procuring organisation and the bidder that they will not participate in any corrupt conduct in relation to the bid.
• Accuracy of information:  A commitment by the bidder that all information provided by it in its bid is accurate and true (e.g. its experience, accounts, equipment lists, and CVs of personnel).
• Anti-corruption management system (in relation to bids for contracts over a reasonable value threshold):  A commitment by both the procuring organisation and the bidder that they have implemented an anti-corruption management system (as described in pages 3 to 5 of this Module).

The procuring entity should provide documentary evidence of this implementation in its request for a bid sent to bidders.

The bidder should provide documentary evidence of this implementation in its bid sent to the procuring organisation.

The best evidence of implementation is a certificate of compliance issued by a reputable independent certifier.

If such certification is not widely implemented or available in the sector, then the procuring organisation and the bidder can provide reasonable evidence of compliance (in the form e.g. of copy documents and explanatory statements).  In this case, it is suggested that any bidder which can provide independent certification should receive additional evaluation points so as to recognise its additional effort in obtaining certification.

The current major internationally recognised certifiable standard is ISO 37001, anti-bribery management systems standard.   It has been implemented in over 70 counties.  It applies only to bribery, but can be expanded to include fraud and other corruption offences.

• Contract conditions:  A commitment by both the procuring organisation and the bidder that, in the event that the bidder wins the bid, the parties will enter into a contract in the form specified in the bid.  This contract should contain the elements referred to on page 10 of this Module.
• Disqualification / termination:
  • The right of the procuring organisation to disqualify the bidder from the bid process, and/or obtain damages, in the event of corruption by the bidder.
  • The right of the bidder to claim damages from the procuring organisation in the event of corruption by the procuring organisation.