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# তফসিল-২০: The Code of Ethics for Public Procurement

> Schedule 20: the Code of Ethics for Public Procurement.

\[বিধি ১৪৯(১) দ্রষ্টব্য]

* 1\. **Short title and Commencement**—This code may be called the Code of Ethics for Public Procurement, 2025.

* 2\. **Application**.—(1) This Code shall apply to all Persons, whether they are directly or indirectly involved in public procurement activities.

  (2) This Code shall be considered as the basis for best practices of ethical behavior for Persons engaged in public procurement within Bangladesh.

* 3\. **Definitions**.—In this Code, unless there is anything repugnant in the subject or context—
  * (a) “Competent Authority” means the Government or other authority to whom the relevancy powers may be delegated by the Government;
  * (b) “Public 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 Entities;

* 4\. **General explanation**.—(1) Where the public servant is a female, reference to “he”, “him”. “his”, “himself” in this Code shall be construed as reference to “she”, “her” or "herself”.

  (2) Where a Person is an individual then the references shown in (1) above shall apply to that Person. Where a Person is a body of individuals, a firm or a company, an association or an organization whether incorporated or not, reference to “he”, "him”, “his” or “himself” shall be construed as reference to “it”, “its” or “itself” as the case may be.

* 5\. **General principles**.—(1) A Person shall always act professionally and selflessly, seeking to assist in enhancing efficiency, competition, transparency and accountability in public procurement in Bangladesh by—

  * (a) 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;
  * (b) maintaining the highest possible standard of integrity in all their dealings with public servants both within and outside the Procuring Entity;
  * (c) 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;
  * (d) enhancing the proficiency and reputation of public procurement by acquiring maintaining current technical knowledge, following best procurement practices and establishing the highest standard of ethical behavior;
  * (e) optimizing the use of resources under their control and supervision to provide the minimum benefit to the Procuring Entity and the nation.

  (2) A Person shall not allow himself to be deflected from the principles mentioned in this Code.

* 6 **Gifts**.—(1) Save as otherwise provided in this Code, 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.

  (2) A Person may give to a public servant a gift of small intrinsic value such as business diaries, calendars, key rings, business folders or pens with the Person's company symbol provided that the value of such individual item does not exceed BDT 5000.

* 7 **Hospitality**—(1) 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.

  (2) A Person shall not encourage any meetings or entertainment to be held, the main purpose of which shall be to honor or praise a public servant.

* 8\. **Unacceptable activities**.—The following activities shall be considered unacceptable activities under this Code:
  * (i) A Person shall not offer to or secure for, or promise to secure for a public servant any foreign award, title or decoration.
  * (ii) A Person shall not approach any public servant to secure for that public servant an invitation to visit a foreign country or for training abroad, unless such training has been formally approved in any procurement document or aid agreement.
  * (iii) A Person shall not lend money to, or borrow money from, or place himself under any pecuniary obligations to any public servant with whom he has any procurement dealings.
  * (iv) 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.
  * (v) 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.

* 9\. **Communication of official documents or information**.—(1) Except for the cases specified in the Public Procurement Rules, 2025, a Person shall not disclose directly or indirectly to any other Person, or any public servant, or a private individual, or to the press, other than those to whom he is authorized to communicate it, the contents of any document or information which has been entrusted in confidence to him by a public servant, or to which he had access owing to his involvement in the procurement proceedings or the content of the document.

  (2) A Person shall disclose the contents of any official document or communicate any information which has come into his possession 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.

* 10\. **Conflict of Interest**.—(1) A Person finding a personal interest arising such that it may affect his impartiality in any matter relevant to his obligations at the point in time should consider this 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.

  (2) 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.

* 11\. **Obligations of a Person**.—(1) 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.

  (2) No Person shall indulge in corrupt, fraudulent, collusive, coercive or obstructive practices, the nature of which is defined in Rule 149.

* 12\. **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 Procuring Entity.

* 13\. **Decisions and advice**.—Should a Person be unclear as to what is and what is not acceptable he should seek advice from the Head of the Procuring Entity, or as appropriate, the Competent Authority.

* 14\. **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.
