Tenderers are to comply with the following anti-collusion clauses as follows:
42.1 Reporting of Anti-competitive Conduct
42.1.1 NEA reserves the right, at its discretion, to report suspected collusive or anti-competitive conduct by tenderers to the Competition & Consumer Commission of Singapore (CCCS) and to provide CCCS with any relevant tenderer information.
42.1.2 NEA’s obligation to keep tenderer information confidential will not be breached if the information is disclosed by NEA to CCCS because of suspected collusive or anti-competitive tendering behavior.
42.2.1 The tenderer warrants that his/its tender has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor.
42.2.2 In a situation where clearance has been obtained from CCCS, the tenderer agrees to fully disclose the full nature and extent of any consultation, communication, contract, arrangement or understanding with competitors to NEA.
42.2.3 In the event that no disclosure as described in clause 42.2.2 is made, the tenderer warrants that their bid has not been prepared with any consultation, communication, contract, arrangement or understanding with any competitor regarding:
(a) bid prices;
(b) methods or factors used to calculate bid prices;
(c) the intention or decision to submit, or not to submit, a bid;
(d) the submission of a bid that is non-conforming; or
(e) the terms of the bid
The tenderer acknowledges that if NEA accepts the tenderer’s tender and awards the unit from the tender exercise to the tenderer, NEA will do so in reliance of this warranty. In addition, the tenderer shall submit to NEA a duly signed declaration in the form set out in Part VI of the Form of Tender (entitled “Declaration on Non-Collusion”). The declaration shall be signed by the tenderer.
42.2.4 Any breach of or non-compliance with sub-clauses 42.2.1 to 42.2.3 shall, without affecting the tenderer’s liability for such breach or non-compliance, invalidate his tender.
42.3 Disclosure of prior anti-competitive conduct
42.3.1 Tenderers must indicate if they are or have ever been subject to proceedings related to anti-competitive conduct in Singapore or overseas. The information must include:
(a) the names of the parties to the proceedings;
(b) the case number;
(c) the general nature of the proceedings; and
(d) the outcome or current status of the proceedings
42.3.2 NEA reserves the right, at its discretion, to exclude any tenderer from the tender process if the tenderer has ever contravened the anti-competitive provisions of the Competition Act (Cap. 50B) or equivalent laws in Singapore or overseas.
42.3.3 NEA reserves the right, at its discretion, to exclude any tenderer from the tender process if full disclosure of any or all contraventions of the anti-competitive provisions of the Competition Act (Cap. 50B) or equivalent laws in Singapore or overseas has not been made.
PROVIDED, however, that if there is any conflict between the provisions of the Agreement and the Terms and Conditions of Tender the provisions of the Agreement shall have overriding effect.
Words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine gender.