(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice”
is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
(ii) “fraudulent practice”
is any act or omission including a misrepresentation that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
(iii) “collusive practice”
is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the
actions of another party;
(iv) “coercive practice”
is impairing or harming or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
(v) “obstructive practice” is deliberately destroying, falsifying, altering or
concealing of evidence material to any investigation or making false
statements to investigators in order to materially impede any 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;
(b) will reject a recommendation for award of contract if it determines that the bidder
recommended for award has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for the contract
in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded an African Union financed contract if it at any time determines that the firm
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, coercive
“another party” refers to an officer of the AU acting in relation to the procurement process or contract
execution. In this context, “officer of the AU” includes staff and employees of other organisations taking or
reviewing procurement decisions.
a “party” refers to any officer of the AU; the terms “benefit” and “obligation” relate to the procurement
process or contract execution; and the “act or omission” is intended to influence the procurement process or
contract execution.
“parties” refers to any participants in the procurement process (including officers of the AU) attempting to
establish bid prices at artificial, non competitive levels.
a “party” refers to any participant in the procurement process or contract execution.