§ MR. CROOKSasked the Parliamentary Secretary to the Ministry of Munitions if 648W he will state the terms of any clause or clauses directed against bribery or secret commissions inserted in Government contracts?
§ Mr. KELLAWAYThe following clauses are included in the general conditions of contract governing all contracts made by the Minister of Munitions
9. Bribery.—Any bribe, commission, gift, loan or advantage given, promised or offered by, or on behalf of, the contractor or his partner, agent or servant, in relation to the obtaining or to the execution of this or any other contract for His Majesty's service, or given, promised, or offered by, or on behalf of, the contractor or his partner, agent or servant, to any officer or person in the service or employ of the Crown, who shall be in any way connected with the obtaining or the execution of this or any other contract, subjects the contractor to cancellation of this contract, and also to payment; of any loss resulting from any such cancellation. Where any such bribe, commission, gift, loan, or advantage, has been given or promised in relation to the obtaining or the execution of this contract, or to any officer or person in the service or employ of the Crown who shall be in any way connected with the obtaining or the execution of this contract, the contractor shall also be liable to pay by way of liquidated damages a sum equal to 10 per cent, of all the sums which became payable to him under this contract. Any question or dispute as to a breach of this Article, or the sums to be paid, is to be settled by the Minister, in such manner, on such evidence or information, as he thinks fit, and his decision is to be final.10. Commissions,—The contractor undertakes that unless the approval in writing of the Minister has been previously obtained, neither he nor his partner, servant or agent will give, promise or other to any person, firm or corporation, any commission in connection with the obtaining or execution of this or any other contract made by him with the Minister, except commissions at reasonable rates paid to permanent and recognised agents of the contractor, and he further undertakes to include a Clause in all sub-contracts made by him in connection with this contract similarly restricting commissions in connection with such sub-contracts. The contractor also undertakes to disclose to the Minister particulars of all commissions paid in connection with this contract or any other contract made by him with the Minister, and also to require his sub-contractors similarly to disclose to the Minister, if so required, particulars of all commissions paid in connection with any sub-contracts made by the contractor for the purpose of carrying out this contract. If the contractor commits any breach of this Clause the Minister may cancel the contract, and also require payment by the contractor of any loss resulting from such cancellation, and in addition to any other remedies the Minister may require the contractor to pay as liquidated damages, or may deduct from the contract price, the amount of any commission paid without the Minister's sanction in writing. Any question or dispute as to a breach of this Clause or the sums to be paid, is to be settled by the Minister, in such manner on such evidence or information as he thinks fit, and his decision is to be final.