Section 57: Code of Conduct for Public Procurement.
(1) The Bureau shall, with the approval of the Council, stipulate a Code of Conduct for all public officers, suppliers, contractors and service providers with regards to their standards of conduct acceptable in matters involving the procurement and disposal of public assets.
(2) The conduct of all persons involved with public procurement, whether as official of the Bureau, a procuring entity, supplier, contractor or service provider shall at all times be governed by principles of honesty, accountability, transparency, fairness and equity.
(3) All officers of the Bureau, members of Tenders Boards and other persons that may come to act regarding the conduct of public procurements shall subscribe to an oath as approved by Council.
(4) All persons in whose hands public funds may be entrusted for whatever purpose should bear in mind that its utilization should be judicious.
(5) Where a transaction involves the disposal of assets, principles of honesty, accountability, transparency, fairness and equity shall continue to apply to the same extent as where it involves procurement.
(6) These principles shall apply at all times, particularly when:
(a) making requisition for or planning of procurements;
(b) preparing solicitation documents;
(c) receiving offers in response to any form of solicitation towards a procurement or disposal;
(d) evaluating and comparing offers confidentially and in complete neutrality;
(e) protecting the interest of all parties without fear or favor; and
(f) obviating all situations likely to render an officer vulnerable to embarrassment or undue influence.
(7) All public officers shall handle public procurement and disposal of assets by:
(a) ensuring adequate time for preparing offers;
(b) complying with this Act and all derivative regulations; and
(c) receiving strict confidentiality until completion of a contract.
(8) All public officers involved in public procurement and disposal of assets shall maintain the highest standards of ethics in their relationships with persons real or corporate who seek government commerce whether as a bidder, supplier, contractor or service provider by developing transparent, honest and professional relationships with such persons.
(9) Every public officer involved directly or indirectly in matters of public procurement and disposal of assets shall:
(a) divest himself of any interest or relationships which are actually or potentially inimical or detrimental to the best interest of government and the underlining principles of this Act; and
(b) not engage or participate in any commercial transaction involving the federal government, its ministries, extra-ministerial departments, corporations where his capacity as public officer is likely to confer any unfair advantage - pecuniary or otherwise on him or any person directly related to him.
(10) Any person engaged in the public procurement and disposal of assets who has assumed, or is about to assume, a financial or other business outside business relationship that might involve a conflict of interest, must immediately declare to the authorities any actual or potential interest.
(11) Such a declaration shall be given such consideration at the relevant level as is necessary so that, where it is seen that remedial action is taken, a conflict of interest is present.
(12) A contlict of interest exists where a person:
(a) possesses an interest outside his official duties that materially encroaches on the time or attention which should otherwise be devoted to affairs of government;
(b) possesses a direct or indirect interest in or relationship with a bidder, supplier, contractor or service provider that is inherently unethical or that may be implied or constructed to be, or make possible personal gain due to the person's ability to influence dealings;
(c) entertains relationships which are unethical, rendering his attitude partial toward the outsider for personal reasons or otherwise inhibit the impartiality of the person's business judgments;
(d) places by acts or omissions the procuring entity, he represents or the Government in an equivocal, embarrassing or ethically questionable position;
(e) entertains relationships compromising the reputation or integrity of the procuring entity he represents or the Government;
(f) receives benefits by taking personal advantage of an opportunity that properly belongs to the procuring entity he represents or the Government;
(g) creates a source of personal revenue or advantage by using public property which comes into his hands either in course of his work or otherwise; and
(h) discloses confidential information being either the property of his procuring entity, the Government or to a supplier, contractor or service provider to unauthorized persons.
(13) A person involved in the disposal of assets, shall not either by a third party or by himself be interested in any manner in buying directly or indirectly these assets and shall not have or obtain any type of advantage or revenue from the disposal for a period of three years after the disposal.
Cite this section
Section 57, PUBLIC PROCUREMENT ACT (2007).
https://repo.podus.ai/laws/public-procurement-act/section/57/