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Handicap International Business Practices

Handicap International's Good Business Practices outline the principles and criteria for selecting service providers, emphasizing transparency, equal treatment, and the lowest bid principle. It details misconduct grounds for exclusion, including fraud, corruption, and involvement in illegal activities, as well as the necessary documentation for bidders. The document also specifies administrative and financial sanctions for misconduct and the obligation to inform funding bodies about any corrupt practices.

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12 views3 pages

Handicap International Business Practices

Handicap International's Good Business Practices outline the principles and criteria for selecting service providers, emphasizing transparency, equal treatment, and the lowest bid principle. It details misconduct grounds for exclusion, including fraud, corruption, and involvement in illegal activities, as well as the necessary documentation for bidders. The document also specifies administrative and financial sanctions for misconduct and the obligation to inform funding bodies about any corrupt practices.

Uploaded by

ahmed7737758
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Appendix 1: Handicap International Good Business Regulations

HANDICAP INTERNATIONAL GOOD BUSINESS PRACTICES (EN)

These Good Business Practices provide the basis of all working relations between Handicap International and
its Service provider s.
They are general rules valid unless specific terms are mentioned in the Contract. In the event of
contradictory terms between documents, the terms of the contract or of the call for tenders file will take
precedence over these Good Business Practices.

I. Supply procedures principles

Handicap International has set up transparent procedures to attribute contracts, of which the key principles
are:
 Transparency in the supply procedure
 Proportionality between procedures followed to attribute Contracts and the value of contracts.
 Equal treatment of potential Service provider s

Usual criteria to select a Service provider are:


- Authorization to buy goods/services in the country
- Financial and economic capacity
- Technical expertise
- Professional capacity

Usual criteria to attribute a contract are:


- The principle of the lowest bid (the cheapest bid satisfying all the conditions required)
- Best value for money

II. Misconduct, ineligibility and exclusion

Handicap International considers each case of misconduct below as a valid reason to exclude a bidder from a
call for tender procedure and end all working relations and Contracts with them:
- Fraud: defined as all intentional actions or omissions regarding:
 The use or presentation of false, incorrect or incomplete declarations or documents, which
would lead to fraudulent appropriation or reprehensible retention of Handicap International's or
institutional funding bodies' funds.
 Concealment of information, having the same consequences.
 Use of those funds for reasons other than those for which they had been originally attributed.
- Active corruption: promising or deliberately granting an advantage to any person so that they may act or
refrain from acting according to their duty in such a way as to damage, or be capable of damaging the
interests of Handicap International or of institutional funding bodies.

- Direct corruption: offering Handicap International employees money or gifts in kind to obtain additional
contracts or to continue contract

- Collusion: contract between two rival companies, which would have the probable effect of increasing
prices, cutting production and increasing profits of allied companies to a greater extent than their natural
increase. An attitude of collusion is not automatically based on the existence of explicit Contracts between
companies. It may also be tacit.

- Coercive practices: damaging or threatening to damage, directly or indirectly, persons or their property in
order to influence their involvement in a supply procedure or influence the performance of a Contract.

- Involvement in a criminal organization or any other illegal activity established by judgement by the
American Government, European Union, United Nations or any other Handicap International funding body.

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- Immoral human resources practices: use of child lab our and non-compliance with fundamental social
rights and work conditions of employees or subcontractors.

Handicap International will exclude from the supply procedure any candidate or bidder in any of the following
cases:
 Being in a situation of bankruptcy or liquidation, or in receivership, in an arrangement situation (with
creditors), having suspended business, in proceedings relating to those subjects or in a similar situation
resulting from a procedure resulting from national regulations or law.
 Being sentenced for an offence within the framework of its professional activity by a court decision having
the force of res judicata.
 Having been found guilty of grave professional misconduct proven by any means
 Not having satisfied obligations relating to the payment of social security contributions or tax in
compliance with legal provisions, either in the country in which the business is established in Handicap
International's country of intervention or in the country in which the Contract will be executed.
 Having been found guilty of fraud, corruption, involvement in a criminal organization or any other illegal
activity that could damage the financial interests of communities.
 Having been declared responsible for grave breach of contract due to non-compliance with contractual
obligations in a previous procurement procedure.

Handicap International will not attribute Contracts to candidates or bidders who, in the course of the
procedure will be:
- The subject of conflicting interests
- guilty of inaccurate declarations by providing information requested by Handicap International to take part in
the Contract procedure or by not providing such information.

III. Administrative and financial sanctions

Should the Service provider , candidate or bidder be involved in corruptive, fraudulent, collusive or coercive
practices, Handicap International would impose:
 Administrative sanctions:
A candidate's misconduct will be notified to competent civil or commercial authorities as will be the immediate
end of any professional relations with it.
 Financial sanctions:
Handicap International will request the refunding of expenses directly and indirectly related to the conduct of
the new call for tenders or contract attribution procedure. If relevant, the bid guarantee or performance
guarantee will be kept by Handicap International.

IV. Information and Access for Funding Bodies

Handicap International will immediately inform institutional funding bodies and will provide them with relevant
information should a Service provider , candidate or bidder be involved in corruptive, fraudulent, collusive or
coercive practices.
Furthermore, entrepreneurs accept to guarantee right of access to their financial and accounting documents so
that Handicap International's Institutional Funding Bodies may conduct verifications and audits.

V. Documents to be presented by the Service provider

Below are the minimum documents that any company or individual entrepreneur wishing to work with
Handicap International needs to produce:
- Service provider 's / company representative's personal national identity paper
- Status and registration papers of the company
- Mission order or proxy authorising the representative to sign the Contract
- Copy of tax registration
NB: Additional documents may be requested for a specific contract.

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Furthermore, the Service provider must have minimum administrative equipment to be able to issue an
Invoice, Delivery note and own an official stamp.

TO BE COMPLETED BY THE COMPANY SUBMITTING A BID

I, the undersigned, Abdullah Waglan , representing Abdullah Waglan - The Service provider certify having read
and understood the rules hereto.
On behalf of the company for which I act, I accept the terms of Handicap International Good Business Practices
and undertake to achieve the best performance should the contract be attributed to

I, the undersigned, certify that Abdullah Waglan - The Service provider has not been involve and will take all
necessary steps not to be involved in or supply material support or any other resource to individuals or entities that
commit, attempt to commit, recommend, facilitate or participate in fraud, active or indirect corruption, collusion,
coercive practices, involvement in criminal organisation or any other illegal activity or that do not respect Human
Rights or basic social rights and minimum work conditions as defined by the International Labour Organisation
(ILO), in particular regarding child labour, discrimination, freedom of association, respect of the minimum wage,
slave labour issues and compliance with work conditions and hygiene.

Finally, I hereby certify that Abdullah Waglan - The Service provider is not involved in any current legal action
or court proceedings as plaintiff or defendant, in its own name or on behalf of any other entity, for actions relating
to fraud, corruption or any illegal activity and has never been found guilty of such practices.

Name: Abdullah Waglan Date:

Title: Stamp:

Signature:

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Common questions

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Handicap International's policy on misconduct reflects its commitment to ethical conduct, transparency, and accountability. The stringent exclusion policies and potential administrative and financial sanctions underscore the organization's dedication to maintaining integrity in its operations. This approach indicates that Handicap International prioritizes not only legal compliance but also broader human rights and social justice principles. By enforcing these standards, the organization aligns its business practices with its humanitarian goals, promoting a responsible and ethical business environment .

Handicap International ensures adherence to local laws and international standards through several measures: requiring service providers to present legal documents like company registration, tax registration, and identity papers; demanding compliance with fundamental social rights and work conditions as defined by the International Labour Organisation, particularly regarding human rights issues such as child labor and discrimination; and imposing strict exclusion criteria for non-compliance, like involvement in illegal activities or failure to satisfy tax and social security obligations. These practices collectively enforce a high standard of legal and ethical compliance .

Verifying the ethical compliance of service providers poses challenges such as variations in local laws and standards, which may complicate the assessment of compliance with international norms. The organization might face difficulties in accessing complete and accurate documentation or evidence of misconduct, especially in regions with weak regulatory frameworks. There is also the challenge of maintaining consistent oversight over diverse and geographically dispersed providers while ensuring that compliance checks do not become prohibitively costly or intrusive, potentially deterring bidders. Additionally, some unethical practices, like tacit collusion, may be difficult to detect and prove without explicit evidence .

Handicap International's approach to handling conflicts of interest, by excluding candidates who are in situations of conflicting interest, maintains transparency and fairness by preventing decisions that could be influenced by personal agendas rather than the organization's best interest. This prevents unfair advantages and ensures that all bidders are evaluated based on merit and adherence to contractual terms, rather than personal relationships or biases, thus safeguarding the integrity of the tender process .

The key principles outlined by Handicap International for its supply procedures are transparency, proportionality, and equal treatment of potential service providers. Transparency ensures that the process is open and clear to all stakeholders, reducing the risk of corruption or favoritism. Proportionality between the procedures followed and the value of the contracts ensures that the processes are fair and justifiable in terms of the resources involved. Equal treatment guarantees that all potential service providers have the same opportunity to compete, which helps to foster a competitive environment that can lead to better quality and more cost-effective service delivery .

Types of misconduct that can lead to a bidder's exclusion include fraud, active and direct corruption, collusion, coercive practices, involvement in criminal organizations, and immoral human resource practices like the use of child labor. The implications of such exclusions are significant as they terminate any existing contracts and prevent the bidder from participating in future tenders, thereby potentially impacting their financial stability and reputation. Additionally, Handicap International may impose administrative and financial sanctions, including notifying competent authorities and requesting refunds of expenses .

Handicap International ensures accountability in financial dealings through multiple measures: requiring service providers to guarantee access to their financial documents for audits, imposing financial sanctions for misconduct, and maintaining bid and performance guarantees that can be retained as penalties. These measures create a system of checks and balances, ensuring that funds are used as intended, and any deviation or misconduct is detected and addressed promptly. This approach also reinforces the responsibility of service providers to conduct transparent and honest financial operations .

The requirement for service providers to have minimum administrative equipment, such as the ability to issue invoices and delivery notes, as well as an official stamp, supports operational integrity by ensuring that transactions are well-documented and verifiable. It enhances transparency and accountability by providing clear records of services rendered and payments made, thus reducing the risk of fraudulent claims and facilitating audits. This also promotes professionalism among service providers, as it aligns with standard business practices .

To qualify for a contract, a service provider must submit a personal national identity paper, status and registration papers of the company, a mission order or proxy to sign the contract, and a copy of tax registration. This documentation reduces fraudulent activities by verifying the legitimacy of the service provider and ensuring that they are legally recognized and capable of fulfilling contract requirements. It guarantees that only qualified and accountable providers engage in Handicap International's processes, thereby minimizing the risk of fraud .

Employing both administrative and financial sanctions reflects Handicap International's commitment to ethical business practices. Administrative sanctions involve notifying authorities, which upholds transparency and accountability. Financial sanctions, such as refund requests and retention of bid guarantees, aim to recuperate losses and deter misconduct. These actions reinforce the importance of integrity and compliance, discouraging future unethical behavior. However, they must balance the need for deterrence with fairness, ensuring that sanctions are proportional to the misconduct and do not unduly penalize service providers beyond what is necessary to uphold ethical standards .

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