The Code of Ethics and Conduct for public officers and tenderers engaging in public procurement Regulation, 2021
This section is titled for citation, application, and interpretation within Part II of the Code.
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- The Code of Ethics and Conduct for public officers and tenderers engaging in public procurement Regulation, 2021
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This section is titled for citation, application, and interpretation within Part II of the Code. This section is titled “General principles” and appears under “Obligations of Public Officers.” Public officers and tenderers in public procurement must follow expected standards of service, behaviour, probity, and integrity, protect public assets and records, and avoid corrupt practices. This section lists procurement ethics topics and says public officers are prohibited from inducement, fraudulent practices, confidentiality breaches, discrimination in the procurement process, and corrupt practices. This section lists misconduct related to non-compliance with procurement practices.
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Provisions of The Code of Ethics and Conduct for public officers and tenderers engaging in public procurement Regulation, 2021
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Section 3
AI-assisted research summary: This section is titled for citation, application, and interpretation within Part II of the Code.
3. Citation. Application. Interpretation. PART II GENERAL PRINCIPLES OF THE CODE
Part
PART II
- 4 Verify source ↗
Section 4
AI-assisted research summary: This section is titled “General principles” and appears under “Obligations of Public Officers.”
4. General principles. PART III OBLIGATIONS OF PUBLIC OFFICERS - 4 Verify source ↗
A public officer is obliged to serve the public
AI-assisted research summary: Public officers must serve the public with integrity and impartiality and follow the listed ethical principles.
4. A public officer is obliged to serve the public with integrity and impartiality and as such is required to observe the following principles: the public (a) serving interest: maintain and strengthen the public trust and confidence in public institutions, by demonstrating the highest standards of professional competence, efficiency and effectiveness, uphold the Constitution of the United Republic of Tanzania and the laws, and seek to advance the public good at all times; (b) transparency and accountability: maintain to all in procurement process openness stakeholders to create fairness and effective competition to achieve value for money as a core principle of procurement in accordance with laws and government policies. Public officers be accountable for the decisions made that justify official decisions and actions to a relevant authority; (c) integrity: make decisions and act without consideration of private interests. As public service is a public trust, the improper use of a public service position for private advantage is a serious breach of professional integrity; (d) legitimacy: power and authority must be exercised impartially, honestly and without fear or favor, for its proper public purpose as appropriate in the circumstances; (e) fairness: make official decisions and take action in a fair and equitable manner, without being affected by bias or personal prejudice, taking into account only merits of the matter, and respect the rights of affected citizens; (f) responsiveness: as a public officer serve the legitimate interests of the public in a timely manner, with appropriate care, respect and courtesy; 8 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (g) efficiency and effectiveness: obtain best value in expenditure of public funds efficiently; avoid waste and extravagance of resources in public programs and official activities; and maximise (h) competition: exercise competition in public procurement proceeding; (i) equality: strive to ensure highest standards of equality of opportunity to all tenderers; and (j) value for money: ensure maximum benefit from goods, works or services procured with the resources available which is worth the cost incurred on goods, works or services procured. Legal obligation Cap. 410 Adherence to expected standards of service, behaviour and probity PART III OBLIGATIONS OF PUBLIC OFFICERS
Part
PART III
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Section 9
AI-assisted research summary: Public officers and tenderers in public procurement must follow expected standards of service, behaviour, probity, and integrity, protect public assets and records, and avoid corrupt practices.
9. Legal obligation. Adherence to expected standards of service, behaviour and probity. Adherence to expected standards of integrity. Protection of public assets and records. Disengagement from corrupt practices. 1 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) - 27 Verify source ↗
Section 27
AI-assisted research summary: This section lists procurement ethics topics and says public officers are prohibited from inducement, fraudulent practices, confidentiality breaches, discrimination in the procurement process, and corrupt practices.
27. Acceptance of gift or hospitality. Avoidance of conducts constituting conflict of interest. Disclosure of conflict of interest. Avoidance of conflict of interest during post-employment period. Adherence to professional etiquette. Professionalism in selection of procurement methods. Qualification of tenderer. Preparation of bidding documents. Handling of tender document upon receipt. Evaluation of bids. Contract award. Conduct during post-award phase. Good conduct throughout procurement cycle. PART IV ETHICAL OBLIGATIONS FOR TENDERERS Ethical obligations. Ethical rules and practice. Confidentiality and accuracy of information. Respect for responsibilities to public officers. Declaration and Commitment to Code. PART V PROHIBITIONS TO PUBLIC OFFICERS Prohibitions to public officers. Inducement. Fraudulent practices. Confidentiality. Discrimination in procurement process. Corrupt practices. - 5 Verify source ↗
(1) A public officer engaging
AI-assisted research summary: Public officers involved in public procurement must follow the listed procurement laws, regulations, guidelines, circulars, appeal decisions, and best practices.
5.-(1) A public officer engaging in public procurement shall be guided by- (a) the Public Procurement Act; (b) Public Procurement Regulations; (c) Guidelines issued by the Authority; (d) Government circulars and directives; (e) decisions by Public Procurement Appeal Authority; and (f) best practices in public procurement. (2) Public officers shall adhere to the fundamental principles and obligations enshrined the Public Procurement Act, the Public Procurement Regulations and the Local Government Authorities Tender Boards (Establishment and Proceedings) Regulations. in - 6 Verify source ↗
Without prejudice to the generality of regulation
AI-assisted research summary: Public servants must follow high standards of service, conduct, probity, and ethics when performing their duties.
6. Without prejudice to the generality of regulation 5, a public servant shall in the performance of his duties, observe- (a) highest standards of service delivery by: (i) acting conscientiously, honestly and loyally in serving the public; (ii) always acting within the ambit of the Act and other relevant laws; and (iii) performing official duties with diligence and productively; 9 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (b) highest standards of behavior at work by: (i) responding to the public promptly and compassionately; and (ii) treating members of the public with dignity and respect; (c) highest standards of probity by: (i) acting responsibly, never seeking to use improper influence; (ii) abiding to applicable guidelines in respect to offers of gifts or other benefits as stipulated in this Code; (iii) avoiding conflict of interest and revealing any personal interest, if any, that may impinge or reasonably be impinge on deemed by others official business dealings with the private sector; and to (iv) not using or attempting to use official positions unwarranted secure privileges or exemptions for oneself or for others; to (d) highest standards of ethical behavior by: (i) not using the authority of office for personal gain; and (ii) seeking to uphold and enhance the reputation of the Government by: (aa) maintaining an impeccable standard of business in relationships both inside and outside the public service; integrity all (bb) fostering the standards of competence; and highest possible (cc) optimising the use of resources in the maximum order benefit to the United Republic. to provide Adherence to expected standards of integrity - 7 Verify source ↗
(1) A public officer shall, in the performance of
AI-assisted research summary: Public officers must act with integrity, protect confidentiality, be honest and impartial, and use competitive procurement methods unless another law allows otherwise.
7.-(1) A public officer shall, in the performance of official duties, conduct himself with the highest sense of integrity, and in so doing he shall- 10 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (a) maintain confidentiality and accuracy of information by- (i) not releasing official information in the implementing official duties, course of except when required to do so by operation of law; (ii) respecting the confidentiality of information received in the course of implementing official duties and never to use such information for personal gain; (iii)providing information that are true, fair and not designed to mislead; (b) give honest and impartial advice without fear or favor; (c) conduct himself in a manner that will not raise suspicion among the public or cause breach of public trust; and (d) maintain transparency while uphold the prescribed standards of confidentiality. (2) In performing his duties, a public officer shall: (a) avoid engaging in any business arrangement the effective that operation of fair competition; and to prevent likely is (b) use competitive methods for procurement of goods, works, services and disposal of public assets by tender except as provided otherwise by the law. Protection of public assets and records - 8 Verify source ↗
A public officer shall, in performing his duties
AI-assisted research summary: A public officer must protect entrusted public assets and procurement records while carrying out procurement duties.
8. A public officer shall, in performing his duties during procurement process: (a) safeguard public assets entrusted to him during procurement process; (b) ensure that no damage, loss or misappropriation occurs in the process of storage and disposal of asset by tender; and (c) keep and maintain records of procurement or disposal proceedings in a manner that will not prejudice the safe keeping of records. 11 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Disengage- ment from corrupt practices - 9 Verify source ↗
A public officer shall disengage himself from
AI-assisted research summary: A public officer must stay out of corrupt practices.
9. A public officer shall disengage himself from corrupt practices including: (a) the solicitation, acceptance, offer or grant, directly or indirectly, by or to oneself, of any article of monetary value, or other benefit, such as a gift, favor, promise or advantage for oneself or for another person or entity, in exchange for any act or omission in the performance of official duties; (b) any corrupt practices described as such under any written law; (c) the fraudulent use or concealment of asset derived from any of the acts referred to in paragraphs (a) and (b); and (d) participation in the commission or attempted commission of, or in any collaboration or conspiracy to commit, any of the acts referred to in paragraphs (a) and (b). Acceptance of gift or hospitality - 10 Verify source ↗
A public officer shall refrain from accepting any
AI-assisted research summary: A public officer must not accept gifts or hospitality that could make the officer impartial or affect official judgment or actions.
10. A public officer shall refrain from accepting any gift or hospitality, the acceptance of which- (a) will make him or is likely to make him be impartial; or (b) will affect or is likely to affect his judgment or actions in the performance of his duties. Avoidance of conducts constituting conflict of interest - 11 Verify source ↗
(1) A public officer shall ensure that he does not
AI-assisted research summary: Public officers must avoid conflicts of interest and must not engage in listed procurement-related conduct that creates personal benefit or bias.
11.-(1) A public officer shall ensure that he does not subject himself to actual, perceived or potential conflict of interest. (2) For the purpose of subregulation (1)- (a) “actual conflict of interest” means an act or conduct of a public officer that promotes private interests implementing the course of responsibilities to the public; in (b) “perceived conflict of interest” means an act or conduct that appears to be influenced by a public officer’s interests in implementation of responsibilities to the public; and (c) “potential conflict of interest” means an act or 12 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) conduct of a public officer that is likely to influence in the future, private interests in the implementation of his responsibilities to the public. (3) Save as provided in subregulation (2), a public officer shall refrain from- (a) handling or processing of any aspect of procurement cycle of, his private interest or interests of members of his family or any other person whom he has fiduciary relationship; (b) having a direct or indirect financial interest with a customer, vendor, supplier, contractor, or consultant, or prospective customer, vendor, the supplier, contractor, or consultant, of is organisation or employed or its agent; in which he institution (c) using his position to benefit relatives or their business; (d) enjoying an advantage over the general public in the purchase of property of the organisation or institution in which he is employed; (e) being engaged in outside activities or interest that impairs or affects his ability to discharge his duties properly; (f) making use information acquired by virtue of his position in the organisation in which he is employed to make a profit or gain an advantage; (g) engaging in a business transaction involving the is institution organisation or employed or its agent for personal profit or gain; (h) accepting or giving money or gifts, hospitality, loans or other special treatment from any competitor, vendor, supplier, contractor, or the consultant, as organisation or is employed; and the case may be, of institution in which he in which he (i) compels members of the Tender Board to award tender to a company, organisation or institution contrary to procedures laid down by the law 13 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Disclosure of conflict of interest - 12 Verify source ↗
A public officer shall disclose a conflict of
AI-assisted research summary: A public officer must disclose a conflict of interest to the immediate supervisor.
12. A public officer shall disclose a conflict of interest by- (a) reporting to his immediate supervisor regarding any incidence of conflict of interest that comes to his knowledge in the performance of his official duties; and (b) making a declaration immediate supervisor, the personal interest he has if such interest is contrary to the implementation of official duties. the to Avoidance of conflict of interest during post- employment period - 13 Verify source ↗
A person who served as a public officer for the
AI-assisted research summary: Former public officers must avoid conflicts of interest after leaving service, and some former procurement officers face six-month post-employment restrictions.
13. A person who served as a public officer for the purpose of this Code shall, at any time immediately after termination of his service, undertake the following measures- (a) upon leaving the public service, the person shall not involve in activities which could lead to the conflict of interest with his former public service employer; (b) in the case of a former procurement officer in executive positions or equivalent and two levels below, and others where specified, for a period of six months after leaving the office, shall not- (i) accept appointment to a board of directors of, or employment entities with, which one had significant official dealings; (ii) seek or engage in any private employment that he was associated with when he was public officer or when he had a supervisory role and for which he had direct management; (iii)make representations on behalf of persons to any department or organisation with which one had significant official dealings during the period of six months termination of immediately after public service; or the (iv) give advice to clients using information that the public concerning the programs or activities of is not available to 14 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) the ministries, departments, agencies, regional secretariats and local government authorities, where one was employed or with which one had a direct and substantial relationship. Adherence to professional etiquette - 14 Verify source ↗
In exercising public procurement functions, a
AI-assisted research summary: A public officer handling public procurement must follow public procurement laws and standards, avoid bidding as a tenderer in their own procuring entity, assist tenderers as required, and prepare and carry out a procurement plan.
14. In exercising public procurement functions, a public officer shall uphold professional and ethical standards provided by public relevant professional boards, and for that purpose, the public officers shall: service or (a) adhere to the laws, regulations and policies established by the Government relating to public procurement; (b) not participate as a tenderer in the public procurement of the procuring entity in which the public officer is employed; (c) provide the required authorisations and assistance to the tenderer; and (d) prepare and implement a Procurement Plan in accordance with the Act and Public Procurement Regulations. Professionali sm in selection of procurement methods - 15 Verify source ↗
In the exercise of public procurement functions,
AI-assisted research summary: A public officer handling public procurement must choose a procurement method that maximizes competition, use competitive procurement unless the Act provides otherwise, avoid splitting tenders to bypass competition rules, and use pre-qualification where appropriate.
15. In the exercise of public procurement functions, a public officer shall select a procurement method which is critical to the success of the procurement process, and which shall be made with a view to maximise competition to the greatest extent possible and for that purpose, the public officer shall: (a) use the competitive method of procurement except as provided otherwise by the Act; (b) avoid splitting of tender for the sake of deviating from competitive procurement methods; and (c) use pre-qualification procedures, where competition among qualified bidders. appropriate, and post-qualification ensure to Qualification of tenderer - 16 Verify source ↗
In exercising public procurement functions in
AI-assisted research summary: A public officer involved in tender qualification must follow the Act and regulations.
16. In exercising public procurement functions in qualification process of tenderer, a public officer shall abide with the Act and regulations. 15 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Preparation of bidding documents - 17 Verify source ↗
In exercising public procurement functions, a
AI-assisted research summary: A public officer preparing procurement documents must make them clear, detailed, and neutral, and must include the key requirements, criteria, and bidder conditions.
17. In exercising public procurement functions, a public officer shall prepare bidding documents which summarise the technical and procedural requirements for the submission of bids by eligible and interested tenderer, and in so doing the public officer shall ensure he upholds the following professional approach- (a) preparation and issuance of clear detailed standard bidding documents with neutral specification; (b) making use of standard bidding documents, in which case a tailored bidding document may be used subject to approval by the Authority; (c) ensuring that the scope of work, specifications, statement of the requirement, terms of reference and evaluation criteria are clearly stated in the bidding document; (d) provision of sufficient time for bidders to respond to the invitation to bid as provided by the Act; (e) allowing tenderers to study alternatives where solutions, applicable technologies, and products from a range of possible tenderers in the best interest of the Institution; and recommend and Handling of tender document upon receipt Evaluation of bids (f) availing description of all terms and conditions concerning the qualification and eligibility of bidders. - 18 Verify source ↗
A public officer shall, on receipt of tender
AI-assisted research summary: A public officer must keep and open submitted tenders when they are received in document form, in line with the Act and regulations.
18. A public officer shall, on receipt of tender in document, keep and open all submitted accordance with the Act and regulations. tenders - 19 Verify source ↗
A public officer engaging in evaluation of bids
AI-assisted research summary: A public officer evaluating bids must act fairly and carefully, follow the bidding documents, recommend the contract to the appropriate evaluated bidder, and sign the personal covenant forms before starting the evaluation process.
19. A public officer engaging in evaluation of bids shall conduct himself in a fair and careful manner to determine the lowest or highest evaluated responsive bid of the procurement process, and in so doing he shall- (a) apply procedures which are prescribed in the bidding documents; (b) abide with evaluation criteria and procedures of the bidding documents; 16 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (c) recommend award of the contract to the lowest or highest evaluated bidder as the case may be; the personal covenant forms before (d) sign commencing tender evaluation process. Contract award - 20 Verify source ↗
(1) A public officer shall maintain professional
AI-assisted research summary: A public officer must award contracts and tenders only in the manner stated here, including using the approved evaluated bidder, acting within bid validity, and communicating the award on time.
20.-(1) A public officer shall maintain professional conduct by awarding contract- (a) to the approved lowest or highest evaluated bidder as the case may be; and (b) within the bid validity period. (2) A public officer shall communicate award to the successful bidder within time prescribed by the Act and regulations. (3) A public officer shall award tender after- (a) approval of tender board or budget the Conduct during post- award phase approving authority as the case may be; and (b) issuance of the notice of intention to award. - 21 Verify source ↗
All decisions taken by a public officer shall be
AI-assisted research summary: A public officer must base decisions on the governing law and the contract, and support contract supervision with specified good-conduct undertakings.
21. All decisions taken by a public officer shall be based on the provisions of the governing law and within the premise of the contract, and in this regard supervision and management of contract performance by the public officer shall be supported by the following undertakings as evidence of proper conduct by the public officer- (a) holding post-award meetings with the successful bidder, where necessary, and devising a specific contract management plan; (b) arranging possession of, and access to, the site; (c) adherence to the mode of payment as prescribed in the contract; of (d) monitoring progress, including determination of extent accomplishment, performance periodically according to the work plan and inspections done and testing of quality; (e) management of financial aspects of contract, budgetary and cost accounting aspects; including payments to (f) carrying out of appropriate supervision or engaging qualified consultants so to do; and (g) maintaining files related to contract 17 the tenderers, Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) management, preparing periodic reports for the procuring entity and the Authority on the implementation of the contract. Good conduct throughout procurement cycle - 22 Verify source ↗
Save as otherwise provided in this Code, a
AI-assisted research summary: A public officer must show good judgment and responsibility during the procurement cycle, unless this Code provides otherwise.
22. Save as otherwise provided in this Code, a public officer shall, throughout the procurement cycle, exhibit good judgment and responsibility. PART IV ETHICAL OBLIGATIONS FOR TENDERERS Ethical obligations Ethical rules and practice
Part
PART V
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Misconduct in relation to non-compliance with procurement
AI-assisted research summary: This section lists misconduct related to non-compliance with procurement practices.
34. Misconduct in relation to non-compliance with procurement practices. Restriction during approval process. Collusion. Obstructive practices. Splitting of tenders. Integration of procurement budget. Anticipation of contracts. - 40 Verify source ↗
Section 40
AI-assisted research summary: Section heading for the Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement.
40. 2 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) - 44 Verify source ↗
Section 44
AI-assisted research summary: This section is headed as part of a set of prohibitions to tenderers, covering tampering with submitted tenders, handling running contracts, conflict of interest, and gifts and hospitality.
44. Tampering with submitted tenders. Handling of running contracts. Conflict of interest. Gifts and hospitality. PART VI PROHIBITIONS TO TENDERERS - 28 Verify source ↗
A public officer engaging in public procurement
AI-assisted research summary: A public officer involved in public procurement must follow the listed procurement laws, regulations, guidance, directives, decisions, and best practices, and is also restrained from doing any act under this part.
28. A public officer engaging in public procurement shall be guided by the Public Procurement Act, Public Procurement Regulations, Guidelines the Authority, Government circulars and directives, decisions by Public Procurement Appeal Authority and best practices in public procurement. issued by (2) Without prejudice to the Public Service Act, Public Leadership Code of Ethics Act, Code of Ethics and Conduct for Public Service, a public officer engaging in public procurement is refrained from doing any act under this part. Inducement - 29 Verify source ↗
(1) A public officer shall refrain from doing any
AI-assisted research summary: A public officer must not engage in inducements connected to procurement or do anything that may impair the procurement process.
29.-(1) A public officer shall refrain from doing any of the following acts of inducement: (a) receiving inducement in any procurement action by a tenderer or associates which may have an effect of influencing a decision; or (b) any act or omission which may impair the procurement process. (2) For the purpose of this Code, inducement includes: (a) entertainments with a view of being influenced; (b) gratuity in any form; or (c) receiving and accepting gifts contrary to the Public Leadership Code of Ethics Act, and the Code of Ethics and Conduct for Public Service. Cap. 398 Fraudulent practices - 30 Verify source ↗
(1) A public officer shall refrain from doing
AI-assisted research summary: Public officers must not engage in fraudulent practices in the procurement process.
30.-(1) A public officer shall refrain from doing fraudulent practices in procurement process which among others includes: 20 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (a) alter any document submitted by a tenderer with a view of giving undue advantage to another tenderer; (b) change or remove any instrument purporting to represent any right to goods supplied by a tenderer, with knowledge the goods represented by such instrument do not exist; (c) knowingly executes false certification under penalty of lying under oath or certificate is required by law or given in support of a claim, indemnification or other payments; that (d) removes, alters or spoil any serial or other identification owner’s identification mark, from any property which he does not own; number, any or receives (e) knowingly counterfeit materials, unacceptable reports on behalf of a procuring entity; and (f) accepting sub-standard works, goods and services purporting to be standard. Confide- ntiality - 31 Verify source ↗
A public officer shall not
AI-assisted research summary: A public officer must not disclose confidential or procurement information, pass custody information to unauthorised people without approval, or use information for personal gain.
31. A public officer shall not: (a) disclose confidential information to unauthorised person; (b) use procurement information for private gain; (c) communicate any information under his custody or pass it to an unauthorised person without approval of the Accounting Officer or relevant authority; and (d) take personal advantage of information obtained and it becomes generally course of official duties in responsibilities before available to the public. the Discrimina- tion in procurement process - 32 Verify source ↗
A public officer in the course of undertaking
AI-assisted research summary: A public officer involved in public procurement must not discriminate against tenderers.
32. A public officer in the course of undertaking public procurement shall not do any of the following discriminatory acts: (a) refuse to accept submitted tenders; (b) restricting participation of tenderers without approval of the Tender Board; and 21 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (c) unfair treatment of tenderers in the procurement process, including- (i) failure tenderers; to communicate addenda to all (ii) failure to communicate authorised by Tender Board and Accounting Officer; and information the (iii) altering the contents of the evaluation report with intent to favour a bidder. Corrupt practices - 33 Verify source ↗
(1) A public officer in the course of undertaking
AI-assisted research summary: A public officer doing public procurement must not engage in corrupt practices.
33.-(1) A public officer in the course of undertaking public procurement shall not engage in any form of corrupt practices. (2) The following acts may be considered as corrupt practices: (a) offering, giving, receiving, or soliciting anything of value to influence the action in a procurement process either direct or indirect; (b) soliciting or accepting any advantages as an inducement for or a reward on account of the withdrawal of a tender or refraining from inviting a tender, or a contract; (c) authorising payments before completion of scheduled work or services under the contract; (d) willfully authorising over payments certificate contrary to the actual amount; in a (e) authorising variations without approval of the competent authority; (f) failure to evaluate tenders in accordance with the set criteria in the tender document; (g) amending evaluation criteria during evaluation process without approval of the tender board; (h) making a non-responsive bid responsive; (i) disqualifying qualified tenderers unfairly; (j) knowingly authorising contract to a tenderer with multiple bids in one tendering process; (k) knowingly awarding contract to a blacklisted tenderer; (l) failure to manage contract as specified in the contract document; 22 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Misconduct in relation to non- compliance with procurement practices (m) signing a procurement contract contrary to the Act; (n) knowingly accepting and receiveing counterfeit or substandard goods, works and services contrary to the Act; and (o) deliberate failure to take action on misconduct by a tenderer or provision of a contract terms.
Part
PART VI
- 50 Verify source ↗
Section 50
AI-assisted research summary: This section appears to list topics: improper inducement, fraudulent practices and conduct, and confidentiality by tenderer.
50. Improper inducement. Fraudulent practices and conduct. Confidentiality by tenderer. PART VII COMPLIANCE AND MONITORING - 45 Verify source ↗
A tenderer shall not offer gifts or hospitality,
AI-assisted research summary: A tenderer must not offer gifts or hospitality to a public officer if it could influence a public procurement decision.
45. A tenderer shall not offer gifts or hospitality, whether directly or indirectly, to a public officer that might be viewed as having an influence on a public procurement decision. Influence - 46 Verify source ↗
Tenderers are prohibited from doing any act
AI-assisted research summary: Tenderers must not do anything that may influence a public officer’s actions in procurement or contract execution.
46. Tenderers are prohibited from doing any act which may influence the action of a public officer in the procurement process or contract execution. Misrepresent ation - 47 Verify source ↗
Tenderers shall not misrepresent facts in order
AI-assisted research summary: Tenderers must not misrepresent facts to influence a procurement process or contract execution.
47. Tenderers shall not misrepresent facts in order to influence a procurement process or the execution of a contract to the detriment of the procuring entity. Improper inducement Fraudulent practices and conduct - 48 Verify source ↗
It is forbidden for a tenderer to do anything
AI-assisted research summary: A tenderer must not act inconsistently with the Act, Regulations, Government circulars, guidelines, or other related laws.
48. It is forbidden for a tenderer to do anything the Act, Regulations, which Government circulars, guidelines and any other related laws. inconsistent with is - 49 Verify source ↗
Tenderers shall refrain from doing fraudulent
AI-assisted research summary: Tenderers must not engage in fraudulent practices in procurement.
49. Tenderers shall refrain from doing fraudulent practices in procurement process, including: (a) abetting or colluding with other businesses and organisations with the intention of depriving a procuring entity of the benefits of free and open competition; (b) conniving to interfere with the participation of other tenderers; (c) entering into business arrangements that might fair effective operation of prevent the competition; financial practices, (d) engaging in deceptive, fraudulent, collusive, such as fixing, financial coercive or corruption, double billing, price underpricing or other practices; (e) interfering or processes; the procurement influencing improper (f) doing any act that would jeopardise current or 26 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) former public officer’s ability to respect his obligations under the Act, Regulations and this Code; or (g) engaging public officer in activities that might subject him to demands incompatible with his official duties or cast doubt on his ability to perform his duties objectively. Confide- ntiality by tenderer - 50 Verify source ↗
(1) Unless otherwise provided by any other law
AI-assisted research summary: A tenderer must not disclose information obtained during a procurement contract to an unauthorised person, and this duty continues after the relationship with the procuring entity ends.
50.-(1) Unless otherwise provided by any other law a tenderer shall not disclose any information obtained in the course of participation or performance of a procurement contract to any unauthorised person; and (2) the obligation under paragraph (1) above shall continue even after the business or contractual relationship with the procuring entity has come to an end. Compliance and monitoring of Code PART VII COMPLIANCE AND MONITORING
Part
PART VII
- 51 Verify source ↗
Section 51
AI-assisted research summary: Section 51 is titled “Compliance and monitoring of Code.”
51. Compliance and monitoring of Code. PART VIII REPORTING, HEARING AND SANCTIONS - 51 Verify source ↗
(1) A public officer and a tenderer shall adhere to
AI-assisted research summary: Public officers and tenderers must follow the Code, cooperate with compliance checks, and must not obstruct authorised persons or mislead the Accounting Officer or other relevant authorities.
51. (1) A public officer and a tenderer shall adhere to standards and restrictions imposed by the Act, Regulations and this Code. (2) A public officer and a tenderer shall cooperate for the purpose of ascertaining the compliance of the Code. (3) An Accounting Officer or any other relevant authority shall exercise the enforcement of this Code, including taking remedial measures in case of breach of the Code in accordance with the Public Service Act and its Regulations and Public Leadership Code of Ethics Act. (4) Upon receipt of a complaint against public officer or tenderer on his own motion, the Accounting Officer shall inquire into the allegation of the violation of the Code and take appropriate action including instituting proceedings as provided under the Code or the Public Service Act and its Regulations or the Public Leadership Code of Ethics Act. (5) An Accounting Officer or any other relevant authority shall, for the purposes of reporting and receiving of complaints on alleged violations of the Code, use the complaints management system as provided under the 27 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Public Service Act, its Regulations and Public Leadership Code of Ethics Act. (6) A public officer or a tenderer shall not obstruct or hinder authorised persons from carrying out a duty or function or exercising a power the implementation of the Code. relating to (7) A public officer shall not knowingly or in collusion with other persons the Accounting Officer or any other relevant authority in carrying out a duty or function or exercising a power relating to the Code. to or mislead lie Reporting mechanism GN. No. 446 of 2013 PART VIII REPORTING, HEARING AND SANCTIONS
Part
PART VIII
- 54 Verify source ↗
Section 54
AI-assisted research summary: This section is titled “Reporting mechanism,” “Hearing mechanism,” and “Sanctions against breach of Code” under Part IX Miscellaneous Provisions.
54. Reporting mechanism. Hearing mechanism. Sanctions against breach of Code. PART IX MISCELLANEOUS PROVISIONS - 52 Verify source ↗
(1) Violation of this Code shall be reported to the
AI-assisted research summary: Breaches of this Code must be reported to the Accounting Officer, a relevant disciplinary authority, or in some cases the Authority, using Form No. III. If the report is made to the Accounting Officer, that officer must start the debarment process within 28 days.
52.-(1) Violation of this Code shall be reported to the Accounting Officer of the procuring entity or any other relevant disciplinary authority by filling in Form No. III provided in the Schedule to this Code. (2) Where breach of this Code involves the Accounting Officer, the breach shall be reported to the respective disciplinary authority for appropriate actions. (3) Where breach of this Code involves a tenderer, the breach shall be reported to the Accounting Officer or, as the case may be, the Authority: Provided that, where the report is made to the Accounting Officer, he shall within twenty-eight days of receiving the report, initiate debarment process to the Authority pursuant to the Public Procurement Regulation, 2013. Hearing mechanism - 53 Verify source ↗
(1) Upon receipt of a complaint or realisation of
AI-assisted research summary: If a complaint is received or misconduct is realised, the procuring entity must register the complaint, investigate it, and take appropriate action. People who lodge complaints under the Code are protected under the Whistle Blower and Witness Protection Act.
53.-(1) Upon receipt of a complaint or realisation of misconduct, the procuring entity shall- (a) register the complaint; (b) carry out investigations into the complaint; and (c) take appropriate action under the Public Service Act, Public Service Regulations, Public Leadership Code of Ethics Act and Standing Order. 28 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Cap. 446 Sanctions against breach of Code (2) Any person who lodges complaints under this Code shall enjoy protection provided under the Whistle Blower and Witness Protection Act. - 54 Verify source ↗
(1) A public officer who contravenes the
AI-assisted research summary: Public officers and tenderers who breach this Code may be dealt with under the listed laws or other relevant law.
54.-(1) A public officer who contravenes the provisions of this Code shall be dealt with under the Act, the Public Service Act, the Public Leadership Code of Ethics Act, the Prevention and Combating of Corruption Act or any other relevant law. (2) A tenderer who fails to comply with this Code shall be dealt with under the Act, the Prevention and Combating of Corruption Act or any other relevant law of the time being in force. PART IX MISCELLANEOUS PROVISIONS Declaration of Commitment to Code
Part
PART IX
- 56 Verify source ↗
Section 56
AI-assisted research summary: This provision says public officers, experts, and tenderers involved in public procurement must act ethically, with integrity and probity, and tenderers must sign a declaration of compliance.
56. Declaration of Commitment to Code. Review of Code. _________ SCHEDULES _________ 3 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) THE PUBLIC PROCUREMENT ACT, (CAP. 410) ______ REGULATIONS _____ (Made under section 105) ______ CODE OF ETHICS AND CONDUCT FOR PUBLIC OFFICERS AND TENDERERS ENGAGING IN PUBLIC PROCUREMENT, 2021 WHEREAS, the Public Service is responsible for providing timely, high quality and cost-effective services to the nation. To achieve this, it must have public officers who are professional, and who observe a high standard of integrity, impartiality and transparency in the performance of their duties. An ethical Public Service is an important component of good governance and as such those involved in public procurement must at all times carryout their responsibilities with the highest sense of probity; WHEREAS, tenderers who are involved in public procurement are required to carry out their functions and responsibilities in an ethical manner; MINDFUL THAT, the Code has been developed under the following rule and principles: (i) Ethical Rule: these typically take the form of "dos and don'ts" in specific reference to exercising probity when carrying out the procurement function; and (ii) Ethical Principle: these are general statements indicating the use of a professional approach in the conduct of public procurement responsibilities; AND WHEREAS, pursuant to section 102 of the Public Procurement Act, Cap. 410, public officers and experts engaged to deliver specific services under this Act shall subscribe to the code of ethics and conduct, and tenderers shall sign a declaration of compliance for them to be bound by the code; 4 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) NOW THEREFORE, I, DR. MWIGULU LAMECK NCHEMBA MADELU, the Minister for Finance and Planning, hereby issue the Code as follows: PART I PRELIMINARY PROVISIONS Citation - 55 Verify source ↗
A public officer directly involved in the
AI-assisted research summary: A public officer directly involved in the specified procurement process must fill in and sign the required Declaration and Commitment Form.
55. A public officer directly involved in the procurement process specified under the Act and Regulations shall fill in and duly sign a Declaration and Commitment Form provided for in Form No. I of the Schedule to this Code. Review of Code Code.
Part
PART I
- 1 Verify source ↗
This Code shall be cited as the Code of Ethics
AI-assisted research summary: This section states the title this Code may be cited by.
1. This Code shall be cited as the Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement, 2021. Application Interpretation Cap. 410 Cap. 348 - 2 Verify source ↗
This Code shall apply to all public officers,
AI-assisted research summary: This section says the Code applies to public officers, former public officers covered by the Code, experts, and tenderers involved in public procurement.
2. This Code shall apply to all public officers, former public officers referred as such under this Code, experts and tenderers involved in the public procurement. - 3 Verify source ↗
In this, Code unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Code.
3. In this, Code unless the context otherwise requires: “Act” means Public Procurement Act; “Accounting Officer” means a Government officer appointed in accordance with the provisions of the Public Finance Act or a public officer statutorily appointed to hold a vote or subvention and accounts for all monies expended from that vote or subvention; “Authority” means the Public Procurement Regulatory Authority; “Code” means the Code of Ethics and Conduct for Public in Public Officers and Tenderers Engaging Procurement; “coercive or obstructive practices” means impairing or harming or threatening to impair or harm directly or indirectly, any party or the property of the party for the purpose of influencing improperly the action of that party in connection with public procurement or in furtherance of corrupt practice or fraudulent practice; “collusive practices” means a scheme of arrangement between two or more tenderers, with or without knowledge of the procuring entity, designed to establish prices at artificial or non-competitive levels; 5 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Cap. 329 “Competent Authority” means a person, body of person, organs or an agency competent to take actions as may be referred to or directed to it by the authority under this Code; “confidentiality” means a set of rules or a promise that limits access or places restrictions on certain types of information; “conflict of interest” means a situation in which a person or organisation is involved in a multiple interest, financial or otherwise, one of which could possibly corrupt the motivation or decision-making of that individual or organisation; “consultant” means a firm, company, corporation, organisation, partnership or an individual person engaged in or able to be engaged in the business of providing services in architecture, economics, engineering, surveying or any field of professional services, and who is, according to the context, a potential party or the party to a contract with the procuring entity; “corrupt practices” has the meaning as ascribed under the Prevention and Combating of Corruption Act; “ethical behaviour” means concepts of the honesty, integrity, probity, diligence, fairness, trust, respect, consistence, avoiding conflict of interest, and not making; improper use of an individual position; “fraudulent practice” means misrepresentation of facts in order to influence procurement process or the execution of a contract to the detriment of the Government or the Public body and includes collusive practices among tenderers, prior to or after submission designed to establish tender prices at artificial non-competitive levels and to deprive the Government of the benefits of free and open competition; “inducement” means a pledge or promise that causes an individual to enter into a particular agreement or action; “integrity” means the quality of being honest and having strong moral principles and uprightness or the state of being whole and undivided; 6 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) “Minister” means the Minister, for responsible for public procurement matters; “potential bidder” means any natural or legal person or group of persons who purchase a tender document with intent to bid in a respective tender; time being, the “procuring entity” means a public body and any other body or unit established and mandated by Government to carry out public functions; “professionalism” means the level of excellence or competence that is expected by a public officer and it involves acting with integrity, providing quality service and have commitment that allows for functionality, transparency and significant savings in public expenditure; Cap. 298 “public officer” means a public servant as defined under the Public Service Act, and includes members of evaluation Project Managers, Negotiation team, Inspection team and any other person appointed or employed by a public body to engage in public procurement process; Committee, GN. Nos 446 of 2013 227 of 2018 “public procurement” means buying, purchasing, renting, leasing or otherwise acquiring any goods, works or services by a procuring entity and includes all functions that pertain to the obtaining of any goods, including description of works or requirements, selection and invitation of tenderers, preparation award, and managing of contracts; “Regulations” means the Public Procurement Regulations and the Local Government Authorities Tender Boards Proceedings) Regulations; (Establishment services, and “tenderer” means any natural or legal person or group of such persons participating or intending to participate in procurement proceeding with a view to submitting a tender in order to conclude a contract and includes a supplier, contractor, service provider or asset buyer; and “tender” has the meaning as ascribed to it under the Act. 7 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) PART II GENERAL PRINCIPLES OF THE CODE General principles
Part
PART IV
- 23 Verify source ↗
Section 23
AI-assisted research summary: Tenderers participating in procurement must meet the ethical standards set out in this Code.
23. In participating in procurement process, the ethical standards to meet tenderers are obliged prescribed in this Code. - 24 Verify source ↗
A tenderer shall observe the following ethical
AI-assisted research summary: A tenderer must follow ethical rules throughout the procurement cycle.
24. A tenderer shall observe the following ethical rules and practice during every stage of the procurement cycle: (a) maintain integrity and independence in their business or professional judgment and conduct; (b) comply with: (i) the laws of Tanzania and regulatory guidance; (ii) accepted business practices in commercial markets; and (iii) contractual obligations; associations with (c) avoid and organisations which are in conflict with laws of Tanzania; businesses (d) avoid creating variations in subsisting contract for purposes of financial advantage; (e) furnish authentic performance security before signing a contract as a case may be; (f) sign a contract after award has been accepted; (g) comply with bid security requirements or bid security declaration to that effect; (h) endeavor to provide goods, works, and services the the contractual quality and within of accepted time; 18 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (i) perform all contractual obligations timely and efficiently; (j) comply with the professional standards of their industry or of any professional body of which they are members; and (k) avoid coercive, obstructive, collusive and corrupt practices. Confide- ntiality and accuracy of information - 25 Verify source ↗
A tenderer shall
AI-assisted research summary: A tenderer must keep contract information confidential, avoid misleading or false information, follow communication rules, and respond promptly and courteously to lawful procurement-related requests.
25. A tenderer shall: (a) respect the confidentiality of information received in the course of performing a contract and shall not use such information for personal gain; true, (b) in the course of procurement processes or the fair performance of contracts give information which is not designed to mislead; (c) observe communication requirements during the tendering processes as provided for in the Act, Regulations, tender documents and practices; (d) respond promptly and courteously to all lawful requests for information, clarifications and complaints in relation to the procurement or a contract; and (e) not misrepresent facts in order to influence a procurement process or the execution of a contract. Respect for responsibi- lities to public officers - 26 Verify source ↗
(1) A tenderer shall avoid any action that would
AI-assisted research summary: Tenderers must avoid actions that could undermine public officers’ obligations, and they must not involve public officers in activities that conflict with official duties or hire former public officers within six months after public service if that would breach post-employment measures.
26.-(1) A tenderer shall avoid any action that would jeopardize current or former public officers' ability to respect their obligations under the Act, Regulations and this Code. (2) Tenderers shall not: (a) engage a public officer in activities that might subject him to demands incompatible with their official duties or cast doubt on their ability to perform their duties objectively; and (b) hire directly, or through a third party, former public officer during his six months immediately after the termination of public service where this would constitute a violation of post-employment measures under this Code. 19 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) Declaration - 27 Verify source ↗
A tenderer shall, at any procurement process, fill
AI-assisted research summary: A tenderer must complete and sign a Code of Ethics declaration and commitment form during any procurement process.
27. A tenderer shall, at any procurement process, fill in and duly sign a Declaration and Commitment to the Code of Ethics for Tenderers engaging in the public procurement as provided for in the Form No. II in the Schedule to this Code. PART V PROHIBITIONS TO PUBLIC OFFICERS Prohibitions to public officers Cap. 298
Part
scheduled work or services under the contract;
- 34 Verify source ↗
For the purposes of this Code the following acts
AI-assisted research summary: This section lists procurement-related acts that may be treated as misconduct.
34. For the purposes of this Code the following acts may be considered as misconduct in relation to the non- compliance with the procurement practices: (a) failure to keep procurement records; (b) failure to advertise a tender in accordance with the Act; (c) failure to obtain approval where the Act provides so; (d) appointing unqualified members of tender board, evaluation, negotiation and inspection committees; (e) appointing unqualified Project Managers or Supervisors; (f) causing delays in evaluating bids and awarding of contracts; (g) failure to submit contracts documents for vetting as prescribed by the Act; (h) failure to vet a submitted contract as prescribed by the Act; (i) causing unnecessary delay of payments to tenderers; (j) misappropriation of retention money; (k) misleading the Tender Board or Accounting Officer in making decision; (l) assisting the tenderer to bid a tender; (m) influencing subordinates under his office by instructing, inducing them to favor or give preferential treatment to service provider; (n) unjustifiably procuring common use items and services from unregistered tenderer contrary to the Act; 23 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) (o) tempering with the submitted tenders; and (p) rejecting bids on unjustified grounds. Restriction during approval process - 35 Verify source ↗
(1) When participating in the approval of any
AI-assisted research summary: A public officer must not take part in procurement approval matters if doing so would involve acting for a tenderer or helping with negotiations, technical discussions, or contract performance.
35.-(1) When participating in the approval of any procurement activity with respect to a public procurement, a public officer shall not: Collusion Obstructive practices (a) participate in any manner, as an officer, employee, agent or representative of a tenderer, in any negotiations or technical discussions leading to the award, modification or extension of the contract for such procurement; and (b) participate personally or substantially on behalf of a tenderer in the performance of such contract. (2) The restrictions in subparagraph (1) shall remain in effect for the duration of the procurement proceeding and contract. - 36 Verify source ↗
A public officer shall not engage in, or be a
AI-assisted research summary: A public officer must not take part in agreements that may lead to a non-competitive tendering process.
36. A public officer shall not engage in, or be a party to agreements which may lead to non-competitive tendering process. - 37 Verify source ↗
(1) A public officer shall not involve in acts
AI-assisted research summary: A public officer must not engage in acts that materially obstruct access to required information in procurement duties.
37.-(1) A public officer shall not involve in acts which intend to materially obstruct access to the required information in exercising power relating to procurement duties. (2) For purposes of this Code, the following shall be considered as obstructive practices - (a) failure to provide reports to the approving authorities; (b) making false statements or reports; (c) deliberately destroying reports; (d) altering or cancelling of evidence material to the investigation by the procuring entity or other relevant public bodies; and (e) concealing necessary information required by authorities provided under the Act. Splitting of tenders - 38 Verify source ↗
Contrary to the Act, a public officer shall refrain
AI-assisted research summary: A public officer must not do or omit anything that encourages splitting tenders to avoid competition in procurement.
38. Contrary to the Act, a public officer shall refrain from doing any act or omission that encourages splitting of 24 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) tenders with a view of avoiding competition procurement process. in a Integration of procurement budget - 39 Verify source ↗
In the course of performing his duties under the
AI-assisted research summary: A public officer must avoid improper integration of a procurement plan when performing duties under the Act.
39. In the course of performing his duties under the Act, a public officer shall avoid improper integration of procurement plan. Anticipation of contracts - 40 Verify source ↗
A public officer shall not accept tenders, place
AI-assisted research summary: A public officer must not accept tenders, place orders, or prepare an inception report until the necessary approval is obtained from the appropriate approving authority.
40. A public officer shall not accept tenders, place orders or inception report until necessary approval is obtained from appropriate approving authority. Tampering with submitted tenders Handling of running contracts - 41 Verify source ↗
A public officer shall not
AI-assisted research summary: A public officer must not interfere with tenders in prohibited ways.
41. A public officer shall not: (a) open tender other than in a manner provided under the Act and Regulations; (b) burn, tear or otherwise destroy any tender; (c) hide a submitted tender; or (d) erase or do any other act which falsifies or renders incomplete or misleading any tender. - 42 Verify source ↗
(1) A public officer shall ensure that there are
AI-assisted research summary: A public officer must prevent running contracts in a procuring entity unless there are reasonable grounds for them, and must inform the Tender Board or Accounting Officer if an existing contract is nearly expiring when the aim is to extend it.
42.-(1) A public officer shall ensure that there are no running contracts within the procuring entity unless there are reasonable grounds which justify the necessity of carrying out such contracts; and (2) A public officer who knowingly that the existing contract is nearly to expire, but do not inform the Tender Board or the Accounting Officer of such expiry with the purpose of extending the contract shall be liable of misconduct. Conflict of interest - 43 Verify source ↗
(1) Public officers shall adhere to standards of
AI-assisted research summary: Public officers must follow conflict-of-interest standards set by the Act, Regulations, Part III of the Code, and related principles.
43.(1) Public officers shall adhere to standards of conflict of interest set out in the Act, Regulations, Part III of this Code and all principles relating to conflict of interest. Gifts and hospitality - 44 Verify source ↗
For the purpose of this Code, a public officer is
AI-assisted research summary: A public officer must not accept gifts or hospitality from current or potential tenderers.
44. For the purpose of this Code, a public officer is prohibited from accepting gifts or hospitality from current or potential tenderers. 25 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) PART VI PROHIBITIONS TO TENDERERS Gifts and hospitality by tenderer
Part
Schedule to this Code.
- 56 Verify source ↗
The Minister may from time to time review this
AI-assisted research summary: The Minister may review this Code of Ethics and Conduct from time to time.
56. The Minister may from time to time review this 29 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) _________ FIRST SCHEDULE _________ (Made under paragraph 55) DECLARATION AND COMMITMENT TO THE CODE OF ETHICS AND CONDUCT FOR PUBLIC OFFICERS ENGAGING IN PUBLIC PROCUREMENT FORM NO. I I, …………………………………………… declare that I have read and fully understood the contents of the Public Procurement Act, its Regulations and the Code of Ethics for public officers and my responsibilities under the Code. I hereby commit to abide by the provisions of the Code of Conduct for Public Officers Name: …………………………………………………………. Position: ………………………………………………………. Signature: ……………………………………………………… Office Address: ………………………………………………. Phone No: ……………………………………….…………… Email: …………………………………………………..……… Witness Name: ……………………………………..…………………… Signature: ………………………………..……………………. Date: …………………………………………………………. Qualification: ………………………………………………….. (COMMISSIONER FOR OATHS) 30 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) _______ SECOND SCHEDULE _________ (Made under paragraph 27) FORM NO. II DECLARATION AND COMMITMENT TO THE CODE OF ETHICS AND CONDUCT FOR TENDERERS ENGAGING IN PUBLIC PROCUREMENT (to be submitted as part of any quotation or tender or proposal) I, …………………………………………… declare that I have read and fully understood the contents of the Public Procurement Act, its Regulations and the Code of Ethics for tenderers and my responsibilities under the Code. I hereby commit to abide by the provisions of the Code of Conduct for Tenderers. Name: ………………………………………………………… Position: ……………………………………………………… Signature: …………………………………………………….. Office Address: ………………………………………………. Phone No: ……………………………………….…………… Email: …………………………………………………..……. Name of the Firm/Company: ………………………………... Date: ………………………………………………………… (Company Seal/ Rubber Stamp where applicable) Witness Name: ……………………………………..………………… Signature: ………………………………..………………….. Date: ……………………………………… ……………….. Qualification: ………………………………………………... (COMMISSIONER FOR OATHS) 31 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) __________ THIRD SCHEDULE __________ (Made under paragraph 52(1)) COMPLAINTS FORM FORM NO. III Part I: Details of Complainant (optional) Name of complainant: ……………………………………………………………………… Contact details: ……………………………………………………………………………… Postal address: ……………………………………………………………………………… Phone No: ……………………………………………………………………………… Email Address: ……………………………………………………………………………… Part II: Institution where Complaint is lodged Name of Procuring Entity where the Complaint has been Lodged: ……………………………… Part III: Details of Violator of the Code or procurement laws Name of the person or tenderer involved in alleged breach: ……………………..……………... Name of Procuring Entity involved: ……………………………………………………………... Part IV: Nature of allegations State concisely the allegations date, time, place of the alleged breach, tenderer or public officer involved and malpractices or violations committed or omitted. ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………… ……………………………………………………………………………………………………… 32 Code of Ethics and Conduct for Public Officers and Tenderers Engaging in Public Procurement GN. NO. 804 (Contd.) I declare that the information given hereinabove is true to the best of my knowledge. Name: ………………………………………………… Signature: …………………………………….……… Date: …………………………………………………. Dodoma, 24th November, 2021 MWIGULU LAMECK NCHEMBA MADELU Minister for Finance and Planning 33
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