Section 34, The Public Procurement Act, 2004

(1) Bidders and suppliers shall at all times abide by theirobligations under this Act, the regulations, contracts, and other instruments applicable to their conduct and activities related to procurement. (2) A bidder or a supplier, shall not engage in or abet corrupt or fraudulent practices, including the offering or giving, directly or indirectly, of any inducement, the misrepresentation of facts in order to influence a procurement process or the execution of a contract, or interference in the ability of competing bidders to participate in procurement proceedings. 32 33 Act No. 1 of 2000. Conduct of bidders and suppliers. (3) Bidders shall not engage in any activity, prior to or after bid submission, designed to deprive the procuring entity of the benefits of free and open competition, including, but not restricted to, collusion over bidding for opportunities and price fixing, and coercive, corrupt or fraudulent practices. (4) A procuring entity shall reject a bid if the bidder offers, gives or agrees to give an inducement referred to subsection (2) and promptly notify the rejection to the bidder concerned, the Authority, and to the relevant law enforcement authorities. (5) The procuring entity shall not award a contract to a bidder who is responsible for preparing the specifications or bidding documents for the contract or supervising the execution of a contract, or to any affiliate of such a bidder; but this subsection shall not apply to the various firms (consultants, contractors or suppliers) which together are performing the supplier’s obligations under a turnkey or design and build contract. (6) Bidders and suppliers who engage in fraudulent, corrupt or coercive practices in connection with public procurement are subject to prosecution pursuant to the applicable criminal laws, including the Anti-Corruption Act, 2000.