Pusuc PaocuREMENT AND DrsrosAL OF Pusuc AssETs
No.S/2017
Cap.22:23
(5) Procuring entities shall provide the Authority with summaries of their
procurement proceedings at such times and in such form as the Authority may require.
( 6) The Authority must establish an electronic system for the purpose of this
section. and specify the conditions under which access to electronic data in the system
is open.
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Conduct of procurement officers
( 1) In this section-
"procurement officer" means an officer, employee or agent of a procuring entity
who is responsible for any aspect of the entity's procurement, including
the implementation of procurement contracts.
(2) Every procurement officer shall, in the exercise of his or her responsibilities
as such(a) ensure that each decision is based on adequate information to the extent
that it is available, and is made in good faith, for a proper purpose in
accordance with this Act, and in the best interest of the procuring entity;
and
(b) ensure fair competitive access by bidders to procurement proceedings,
including the award of procurement contracts; and
(c) avoid any conftict of interest; and
(d) act with the utmost propriety and honesty; and
(e) not reveal confidential information, including bidders' proprietary
information; and
(f) abide by the code of conduct referred to in section 71; and
(g) comply with any other provision of this Act that is applicable to him or
her as a procurement officer.
(3) Before a procurement officer enters upon his or her office as such, he or
she shall, in writing, undertake to(a) faithfully exercise the functions assigned to him or her as a procurement
officer; and
(b) abide by rules of conduct provided for by or under this Act, including the
code of conduct referred to in section 71.
(4) A procurement officer who(a) contravenes subsection (2) or, within forty-eight hours of being requested
to do so in writing by his or her superior, fails to comply with subsection
(3); or
(b)
breaches an undertaking given in terms of subsection (3);
shall be guilty of(i) misconduct under Part V of the Public Service Act [Chapter I6:04],
where he or she is a civil servant; or
(ii) a military offence for the purposes of the Defence Act [Chapter
II :02], where he or she is a member of the Defence Forces; or
(iii) omitting or neglecting to perform a duty, or performing a duty in an
improper manner, as provided in paragraph 34 of the First Schedule
to the Police Act [Chapter 11 :IO], where he or she is a police officer;
or
(iv) a breach of discipline for the purposes of the Prisons Act [Chapter
7:11], where he or she is a prison officer; or
(v) a breach of his or her terms and conditions of employment for the
purpose of the Labour Act [Chapter 28:0I], in any other case;
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