Policies & Procedures
Rules and regulations have been established for guidance and compliance by all suppliers/contractors. Penalties established for violations of the said rules and regulations are not meant to be punitive but corrective.
CYBERVIEW shall take the appropriate measures against all erring suppliers in order to keep the integrity of its purchasing system and to maintain a pool of competent suppliers/contractors.
Penalties for Rejection of Award
Suppliers/ contractors shall be subjected to penalties for any refusal to accept the Letter of Intent/ Letter of Acceptance/ Purchase Order within the validity period. However, penalty shall not be imposed if:
- CYBERVIEW’s offer is different from the original specification stated in the tender/ quotation.
- CYBERVIEW’s offer is different from the tenderer’s proposal
The penalties are as follows:
- The Tender Bond, if applicable, is forfeited.
- First offence - final warning or blacklisted from participating in CYBERVIEW’s future procurement exercises for a minimum period of six (6) months and maximum period of one (1) year.
- Second offence – blacklisted for a minimum period of one (1) year and maximum period of two (2) years.
- For the third offence, suppliers will be de-registered and barred from participating in any of CYBERVIEW’s future procurement exercises.
Penalties for Non-Performance
Action for non-performance shall be taken according to the agreed terms and conditions of the contract. Besides Liquidated and Ascertained Damages (LAD) or contract termination, non-performing contractors shall be subjected to further penalties as follows:
Non-performing contractors shall be subjected to further penalties as follows:
- Blacklisted from participating in CYBERVIEW’s future procurement exercises for a period of one (1) year to three (3) years.
- For the second offence, de-registered and barred from participating in any of CYBERVIEW’s future procurement exercises.
- For companies that have been de-registered, the directors and the majority shareholders shall also be blacklisted to ensure that they do not form another company to participate in CYBERVIEW’s future procurement exercises.
Penalties for each offense (which may range from reprimand to de-listing) are not absolute and may vary depending on the gravity and frequency of the offense and are subject to the discretion of the CYBERVIEW.
Procurement Code of Conduct
We believe that all supplier relationships should be based on principles of good governance such as integrity, accountability, fairness and no tolerance rule towards bribery and corruption.
These principles are given force in a detailed Procurement Code Of Conduct (Code) which is constantly revised to capture changes in law, reputation demands and changes in the business.
Breach of The Code
Suppliers/contractors who have committed a breach of the Code shall be subjected to the following action:
- Penalties or any contractual or legal remedies under the law.
- Immediate termination of contract.
- Disclosure of nature of breach to CYBERVIEW.
- Blacklisted by CYBERVIEW and shall be precluded from tendering for any work in the supply chain for the specified period. The directors of the Company may also be blacklisted.
Requirements from Suppliers
Other than being subjected to carry out works properly and in accordance with the contract, all CYBERVIEW suppliers / contractors are obligated to adhere to principles and policies prescribed in the CYBERVIEW Procurement Code of Conduct. In fulfilling these responsibilities, suppliers, their employees and representatives must:
- Read, understand and internalize the Code.
- Comply with the Code.
- Report possible violations of the Code by informing Authorized Representatives of CYBERVIEW.
- Cooperate fully in any investigation or audit by Authorized Representatives of CYBERVIEW with regards to compliance to this Code.
To ensure the compliance of the Code, suppliers must:
- Maintain all accurate and complete documentations to support compliance.
- Provide Authorized Representatives of CYBERVIEW with complete and unrestricted access to relevant records, upon CYBERVIEW’s request.
- Allow Authorized Representatives of CYBERVIEW to conduct confidential interviews with their management, directors and employees individually.
- Allow Authorized Representatives of CYBERVIEW to conduct site visits to the suppliers’ locations in any manner.
- Respond promptly to inquiries from Authorized Representatives of CYBERVIEW regarding implementation of the Code.
CYBERVIEW supplier may be asked to sign a non-disclosure agreement (NDA) depending on the level of information disclosed during the course of business. CYBERVIEW has a non-disclosure agreement form, and it is our policy to use our form.
Information provided to suppliers such as drawings, specifications, procedures, schedules, or forecasts may be considered proprietary and confidential to CYBERVIEW.
As such, supplier shall not use, transmit or disclose this information to any third party except in accordance with the terms of the non-disclosure agreement.