Malaysia Digital Economy Corporation Sdn Bhd (“MDEC”) expects its bidders, suppliers, contractors, consultants or other service providers (“Suppliers”), recipients of cash grants or sponsorship from MDEC (“Recipients”), persons who participate in any of the programmes launched or undertaken by MDEC (“Participants”) and its clients (“Clients”) to conduct their respective businesses in the most ethical and professional manner.
This Code of Conduct sets out the minimum criteria which must be observed and complied with by all Suppliers/Recipients/Participants.
A Supplier/Recipient/Participant must not participate/commit or be involved in or fall within one or
more of the following events/categories (collectively “Blacklist Events” and severally a “Blacklist
- be engaged in or has the reputation of engaging in Corrupt, Fraudulent, Collusive, Coercive, Unethical or Obstructive Practices;
- in respect of any Bids or other Business Dealings with MDEC, be engaged in or has engaged in Corrupt, Fraudulent, Collusive, Coerb.cive, Unethical or Obstructive Practice in securing that Bid or other Business Dealing with MDEC or in relation to or in the course of its Business Dealings with MDEC has engaged in such practices with third parties; or
where the Supplier/Recipient/Participant has had or has current Business Dealings with MDEC,
- has breached any confidentiality obligation towards MDEC; or
- has breached any material term in the relevant contract, agreement, option, arrangement or Project with MDEC or committed any material misrepresentation resulting in the relevant contract, agreement, option, arrangement or Project being terminated; or
- Is in litigation with MDEC, either as plaintiff or defendant or has arbitration proceedings with MDEC; or
- where the Supplier/Recipient/Participant has breached any provision in this Code of Conduct including without limitation Clause 2 below.
In respect of any Business Dealing with MDEC, the Supplier/Recipient/Participant must ensure that
there is no Conflict of Interest and must declare and disclose any Conflict of Interest or potential
Conflict of Interest. A Conflict of Interest scenario will arise where:
- the Supplier/Recipient/Participant/Clients (or any of its directors, shareholders, officers or partners, as the case may be) has a close business or family relationship with a member of the Senior Management or member of the Procurement Committee or member of such other committees of MDEC as part of the procurement process, Bid/Application process and blacklisting process of MDEC or a director on the Board of Directors of MDEC or any other Employee who is directly or indirectly involved in the preparation of the bidding documents or is involved in the bid evaluation process or in the implementation or supervision or operation or enforcement of the Project; or
- the Supplier submits more than one Bid, either individually or as a joint venture partner in another Bid or where an Immediate Family member of the Supplier or of a Person Associated with the Supplier or a Person Associated with the Supplier, whether directly or indirectly is in another Bid; or
- the Recipient/Participant submits more than one Application, either individually or as a joint venture partner in another Application or where an Immediate Family member of the Recipient/Participant or of a Person Associated with the Recipient/Participant or a Person Associated with the Recipient/Participant, whether directly or indirectly in another Application.