2-4 Professional Misconduct in Bangladesh government service .pptx

This slideshow is about professional misconduct in Bangladesh government service

1. Professional Misconduct

2. Short title and commencement: This code may be called the Code of Ethics for Public Procurement , 2007 Application: This Code shall apply to all Persons, whether they are directly or indirectly involved in public procurement activities. This Code shall be considered as the basis for best practices of ethical behaviour for Persons engaged in public procurement within Bangladesh. Professional Misconduct Schedule XIII: Code of Ethics

3. Definitions: “Competent Authority” means the Government or other authority to whom the relevany powers may be delegated by the Government ; “P ublic servant” means a public servant as defined in Section 21 of the Penal Code, 1860 (Act XLV of 1860), and includes officers and staff of all Procuring Entity General explanation : In this code Singular also means plural( he=it), male also means female(he=she) Professional Misconduct Schedule XIII: Code of Ethics

4. General principles: A Person shall always act professionally and selflessly, seeking to assist in enhancing efficiency, competition, transparency and accountability in public procurement in Bangladesh by complying with ( i ) the Act, Rules, guidelines, orders or other documents concerning public procurement in Bangladesh ; and ( ii) any contractual obligations established between the Procuring Entity and a Person; maintaining the highest possible standard of integrity in all their dealings with public servants both within and outside the Procuring Entity; encouraging and developing the highest possible standards of professional competence amongst Persons, and those who work under their supervision and for whom they are responsible; Professional Misconduct Schedule XIII: Code of Ethics

5. enhancing the proficiency and reputation of public procurement by acquiring and maintaining current technical knowledge, following best procurement practices and establishing the highest standard of ethical behaviour ; optimising the use of resources under their control and supervision to provide the maximum benefit to the Procuring Entity and the nation A Person shall not allow himself to be deflected from the principles mentioned in this Code Professional Misconduct Schedule XIII: Code of Ethics

6. Gifts : No Person shall offer to any public servant , or any member of his family, any gift the receipt of which will place him under any form of official obligation to the donor of the gift . A Person may give to a public servant a gift of small intrinsic value such as business diaries, calendars , key rings or a ballpoint with the Person's company symbol provided that the value of such individual item does not exceed Tk. 500/- Professional Misconduct Schedule XIII: Code of Ethics

7. Hospitality : A Person shall not influence or put a public servant under any obligation by offering hospitality to influence the making of a procurement decision by that public servant as a consequence of accepting hospitality from a Person or any other private individual. A Person shall not encourage any meetings or entertainment to be held , the main purpose of which shall be to honour or praise a public servant. Professional Misconduct Schedule XIII: Code of Ethics

8. Unacceptable activities : A Person shall not offer to or secure for, or promise to secure for a public servant any foreign award , title or decoration. A Person shall not approach any public servant to visit a foreign country or for training abroad, unless such training has been formally approved in any procurement document or aid agreement. A Person shall not lend money to, or borrow money from, any public servant with whom he has any procurement dealings . Professional Misconduct Schedule XIII: Code of Ethics

9. A Person shall not encourage a public servant to construct a building whether intended to be used for residential or commercial purpose, nor encourage a public servant in the buying or selling of valuable property, moveable and immovable, nor encourage a public servant to speculate in investments. A Person shall not encourage a public servant, or a member of his family, to engage in any trade in the area over which such public servant has jurisdiction, nor to undertake any employment of work, other than his official duties. Professional Misconduct Schedule XIII: Code of Ethics

10. Communication of official documents or information . A Person shall not disclose any confidential document or information directly or indirectly to any other Person/any public servant/a private individual/to the press, other than authorized persons to communicate it. A Person shall disclose the contents of any official document or communicate any information to another official only if so provided for, or as may be reasonably expected, during the performance of the procurement proceedings or contract in force at that time Professional Misconduct Schedule XIII: Code of Ethics

11. Conflict of Interest: A Person’s personal interest may affect his impartiality in any matter relevant to his obligations should consider as a conflict of interest and shall therefore declare this personal interest immediately upon being aware of such interest to the public servant with whom he is dealing at that time. A conflict of interest may also be considered to exist if a Person is in any way closely related to , either as a friend or a relation or has a financial investment in a business with any public servant with whom he is dealing at that time Professional Misconduct Schedule XIII: Code of Ethics

12. Obligations of a Person: A Person has an obligation to a Procuring Entity that in performing his obligations under any procurement activity or contract, he will comply with the Act, Rules, or other documents published by the Competent Authority. No Person shall indulge in corrupt, fraudulent, collusive or coercive practices , the nature of which is defined in Rule 127. Professional Misconduct Schedule XIII: Code of Ethics

13. Contravention of this Code: Contravention of this Code shall be construed as misconduct and may result in that Person being debarred from partaking in any future public procurement either indefinitely or for any period of time as determined by a PE Decisions and advice: Should a Person be unclear as to what is and what is not acceptable he should seek advice from the HOPE, or as appropriate, the Competent Authority . This Code not to be in derogation of any law etc : Nothing in this Code shall derogate from the provisions of any law, or of any order of any competent authority , for the time being in force , relating to the conduct of a Person . Professional Misconduct Schedule XIII: Code of Ethics

14. Procuring Entities and Persons shall, during Procurement proceedings and execution of Contracts, ensure: strict compliance with the provisions of Section 64 of the Act ; Professional Misconduct, Offences abiding by the code of ethics as detailed in Schedule XIII of these Rules; that neither it nor any other member of its staff working on its behalf engages in any corrupt, fraudulent, collusive and coercive practice . Professional Misconduct Rule 127(1): Professional Misconduct, Offences, Etc.

15. Corrupt Practice means offering, giving or promising to give, receiving or soliciting, either directly or indirectly to any officer or employee of a procuring entity or other public of private authority or individual, a gratuity in any form; employment or any other thing or service of value as an inducement with respect to an act or decision or method followed by a procuring entity in connection with a procurement proceeding or contract execution. Professional Misconduct Rule 127(2): Professional Misconduct, Offences, Etc.

16. Fraudulent Practice means miss-representation or omission of facts in order to influence a decision to be taken in a procurement proceeding or contract execution; Collusive practice means a scheme of arrangement between two or more persons, with or without the knowledge of the procuring entity, that is designed to arbitrarily reduce the number of tenders or proposals submitted or fix tender price at artificial, non-competitive levels, thereby denying a procuring entity the benefits of competitive price arising from genuine and open competition. 16 Professional Misconduct Rule 127(2): Professional Misconduct, Offences, Etc.

17. Coercive Practice means harming or threatening to harm, directly or indirectly , persons or their property to influence a decision to be taken in a procurement proceeding or the execution of a contract, and this will include creating obstructions in the normal submission process used for tenders, applications, proposals or quotations. Professional Misconduct Rule 127(2): Professional Misconduct, Offences, Etc.

18. Obstructive Practice means deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice; and /or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation. Professional Misconduct Rule 127(2): Professional Misconduct, Offences, Etc.

19. If corrupt, fraudulent, collusive or coercive practices of any kind come to the knowledge of the PE, the Entity shall call for a written explanation from the Person or firm . If the explanation given by the concerned Person or firm is not acceptable to the HOPE, the PE shall - (a) exclude the concerned Person from further participation in the particular Procurement proceeding; or (b) reject any recommendation for award that had been proposed for that concerned Person or; (c) declare, at its discretion, the concerned Person to be ineligible to participate in further Procurement proceedings, either indefinitely or for a specific period of time. Preliminaries & Tender or Proposal Document Preparation, Committee etc. Professional Misconduct Rule 127(3,4): Professional Misconduct, Offences, Etc. > Action against CFCC

20. I f the explanation was found unsatisfactory , the PE shall sent a report to the HOPE with all the relevant information U pon receipt of the report the HOPE may decide on the issue or appoint a committee, within 5 working days , chaired by him or nominated officer The Committee shall review the recommendations of the PE and make its own recommendation to HOPE within 5 working days The HOPE shall , make an appropriate decision based on recommendation If a decision is taken to debar the concerned Person or firm , the PE shall issue a letter debarring the concerned Person or firm T he list of debarred persons or firms shall be sent to CPTU to publish on the CPTU website . Professional Misconduct Rule127(5):Professional Misconduct , Offences, Etc. >Procedure of debar

21. Professional Misconduct Thank You!