Southern Africa Development Community Secretariat – Procurement and Grants Policy Article 5. Procurement regulations (1) To fulfil the objectives and to carry out the provisions of this Policy, the SADC Secretariat shall have procurement regulations, standardized procurement documents and any other operational implementation rules, hereafter called Procurement Regulations, aligned to this Policy. (2) The Executive Secretary of the SADC Secretariat is authorized to promulgate the Procurement Regulations for the implementation of this Policy and approve any of their subsequent modifications. (3) The Procuring Entity shall follow the Procurement Regulations developed for the purpose of the implementation of this Policy. (4) Whenever a conflict between this Policy and the Procurement Regulations occur, the provision of this Policy shall take precedence over the procurement regulations. Article 6. Conduct of SADC Secretariat’s Officials (1) The Procuring Entity and/or the SADC Secretariat staff engaged in procurement activities such as, but not limited to: requisitioning, planning, preparing, and conducting procurement proceedings, and administering the implementation of procurement contracts, authorizing or effecting payments under the contracts shall: (a) discharge their duties impartially so as to assure fair competitive access to procurement by bidders; (b) always act in the SADC Secretariat’s and / or the Procuring Entity’s interest, and in accordance with the objectives and procedures set forth in this policy and the subsequent SADC Secretariat Procurement Regulations; (c) at all times avoid conflicts of interest and the appearance of impropriety, in carrying out their duties and conducting themselves, and shall not interfere in the work of internal oversight bodies, and (d) not commit or abet corrupt or fraudulent practices, including the solicitation or acceptance of improper inducements. (2) If a Procuring Entity’s and/or the SADC Secretariat’s staff engaged in the procurement activities, in any matter to be determined by him/her or any committee to which (s)he is a member, has any interest, direct or indirect with economic operators that may be involved in the procurement process,(s)he is required to declare the interest in accordance with the procedures set forth in the regulations, and is required to recuse him- or herself from acting in any way in that matter and cannot take part in the consideration, discussion of, or vote on any question with respect to the matter. (3) Any infringement of the provisions of this Policy by the SADC Secretariat staff or Procuring Entity caused by misconduct or gross negligence shall be sanctioned by the SADC Secretariat according to SADC Secretariat’s Policy relating to Conduct and Discipline of staff. The sanctions may include initiating civil or criminal proceedings for recuperating damages caused by the staff where necessary. 9