Code of Ethics and Professional Conduct in Implementing the Government Tenders and Procurement Law and its Regulations

Article 1

  • In this Code, the following terms and phrases shall have the meanings assigned thereto:

    • Law: Government Tenders and Procurement Law. Implementing Regulations: Implementing Regulations of the Law.

    • Code: Code of Ethics and Professional Conduct in Implementing the Government Tenders and Procurement Law and its Regulations.

    • Government Agency: Ministries, government bodies, public agencies, authorities and institutions, and independent public entities with corporate personality.

    • Employee: A person who works for a government agency, collaborates or works therewith under a contract and participates in any government tenders and procurement procedures or has a direct or indirect influence thereon at any stage.

    • Vendor: A contractor, supplier, purveyor, service provider or sub-contractor, whether under a contract or bidding for a contract with a government agency regardless of the subject of the contract, and whether it is under his name or in his capacity as a direct or indirect agent or representative of a third party.

    • Conduct and Ethics: A set of principles, values, and duties aimed at ensuring integrity, transparency, compliance, and control of an employee’s conduct with regard to the actions and procedures of government tenders and procurement.

Article 2

  • These Regulations aim to:

    • 1. promote professional discipline and decorum ensuring impartiality and objectivity during all stages of implementation of the Law and its Regulations;

    • 2. enforce transparency, integrity, objectivity, and impartiality in performing duties and responsibilities; and

    • 3. set rules to ensure fairness, quality, and efficiency in government tenders and procurement.

Article 3

  • 1. The provisions of this Code shall apply to any employee who is directly or indirectly involved with government tenders and procurement.

  • 2. This Code shall be deemed an integral part of contracts and decisions forming a relationship between a government agency and an employee, including employment contracts, appointment decisions, or any similar legal documents.

Article 4

  • Without prejudice to the Civil Service Law and the Implementing Regulations of Human Resources of the Civil Service, Labor Law, and the stipulations of the Code of Ethics and Professional Conduct for Public Service, and related laws, an employee shall:

    • 1. perform his work within the limits of the powers vested in him by law, and exclusively pursue public interest;

    • 2. comply with the principles of transparency, equality and fairness when dealing with vendors during all stages of government tendering and procurement procedures;

    • 3. observe honesty and good conduct and perform his duties and responsibilities in accordance with the highest standards of integrity, impartiality, and objectivity; and

    • 4. comply with the Law, Implementing Regulations, relevant laws, and contracts, and ensure their effective implementation during all stages of government tendering and procurement procedures in order to ensure the best utilization of public funds.

Article 5

  • Without prejudice to the Civil Service Law and the Implementing Regulations of Human Resources of the Civil Service, Labor Law, relevant laws, and stipulations of the Code of Conduct and Ethics of Public Office, an employee may not:

    • 1. exploit his position to gain benefit for himself or for others;

    • 2. disclose any information relating to the public agency’s tenders and procurements which is confidential or not intended to be made public;

    • 3. withhold information he is required to disclose to the vendor;

    • 4. solicit or encourage, directly or indirectly, the vendor to offer a gift or benefit, whether material or immaterial, or accept the same;

    • 5. refuse to issue a decision or take a required measure or obstruct the same, including refusing to receive samples conforming to standards and specifications, or delaying the approval of plans, or the issuance of approvals without a legitimate reason; and

    • 6. delay payments due to a vendor dealing with the government agency without legal justification.

Related files
Hide
Related file link

Article 6

  • The government agency shall:

    • 1. take necessary measures to enable an employee or vendor to notify the agency of any acts committed by any employee or vendor in violation of the Law, Implementing Regulations, this Code, and other relevant laws and regulations;

    • 2. provide adequate protection for an employee or vendor to ensure that his position, privileges, or rights are not compromised;

    • 3. designate an employee to receive and process reports; and

    • 4. process any report in accordance with applicable laws and regulations, and refer the same immediately to the competent authorities.

Article 7

  • An employee who violates any of the provisions of this Code shall be subject to disciplinary action according to the Employee Discipline Law, Labor Law, or other relevant laws.

Article 8

  • This Code shall enter into force from the date of its publication in the Official Gazette.